Prudentia

Notice of Class Action

2011-08-01T08:23:00.006-05:00

Here is the content of the Notice of Class Action Judgement against Heidi Diaz and Kimkins. IF YOU ARE A MEMBER OF THE CLASS YOU NEED TO READ THIS AND FOLLOW THESE INSTRUCTIONS.

A PDF copy of the Judge's decision and order against HEIDI DIAZ and KIMKINS is available. I will send it to anyone/everyone who requests one.

John E. Tiedt [State Bar No. 134667]
Marc S. Hurd [State Bar No. 130667
TIEDT & HURD
980 Montecito Drive, Suite 209
Corona, California 92879
Telephone: (951) 549-9400
Facsimile: (951) 549-9800

Michael Lee Cohen (SBN 206253)
MICHAEL L. COHEN,
Cohen McKeon, LLP
1910 West Sunset Blvd., #440
Los Angeles, CA 90026
Telephone: (213) 413-6400
Facsimile: (213) 403-6405

Attorneys for Plaintiffs

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF RIVERSIDE, RIVERSIDE COURT

JEANESSA FENDERSON; TRISTA ESSEX; KATHLEEN ROGERS; DIANA SHERBY; ANN MARIE WOOD; NANCY MCGREGOR, individually and on behalf of all other similarly situated,

Plaintiffs,

v.

HEIDI DIAZ; KIMKINS, an unknown business entity, and DOES 4 through 100, Inclusive,

Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
) Case No. RIC 483005

CLASS ACTION

NOTICE OF CLASS ACTION JUDGMENT

[Assigned to Judge Mark E. Johnson, Dept. 5]
Action Filed: October 15, 2007
Trial Date: October 25, 2010

A STATE COURT AUTHORIZED THIS NOTICE. YOU HAVE NOT BEEN SUED.

YOU HAVE RECEIVED THIS NOTICE BECAUSE YOU MIGHT BE ENTITLED TO PARTICIPATE IN THE RECOVERY FROM A CLASS ACTION LAWSUIT AGAINST HEIDI DIAZ AND THE WEB SITE KIMKINS.COM.

THE PURPOSE OF THIS NOTICE IS TO PROVIDE YOU WITH INFORMATION REGARDING THE COURT’S JUDGMENT IN JEANESSA FENDERSON, ET AL. V. HEIDI DIAZ, ET AL, CASE NO. RIC 483005, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, RIVERSIDE COUNTY, CALIFORNIA.

YOU MUST ACT PROMPTLY IF YOU WISH TO RECEIVE ANY PORTION OF THIS JUDGMENT.

PLEASE READ THIS NOTICE CAREFULLY.

THE CONTENTS OF THIS NOTICE

WHY SHOULD I READ THIS NOTICE?

The purpose of this notice is to provide you with information regarding the Court’s judgment in Jeanessa Fenderson, et al. v. Heidi Diaz, et al, Case No. RIC 483005, in the Superior Court of the State of California, Riverside County, California. This notice also will provide you with the information you need to determine whether you are a member of the class and to obtain your share of the recovery as a member of the class.

WHY AM I GETTING THIS NOTICE?

You are receiving this notice because you might be a member of the class—that is, someone who purchased a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

WHAT WAS THIS CASE ABOUT?

This lawsuit was based on the plaintiffs’ claims that Heidi Diaz and her Web site, www.kimkins.com, used unfair, unlawful, or fraudulent business practices to fool them into buying memberships to Kimkins.com. This lawsuit also was based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Website constituted fraud or negligent misrepresentation by Diaz and the other defendants.

WHAT IS A “CLASS ACTION”?

A class action is a special type of lawsuit in which one person or a few people bring suit for all members of a similarly situated group to recover money for all members of the group, without each member of the group having to file his or her own lawsuit or appearing in the court. A class member is a person who participates in the class action and will be bound by any judgment or settlement in the case. Class actions may be used by courts when the legal claims and evidence appear to raise issues of law or fact that are common to all members of the class, this making it fair to apply any order, settlement, or judgment in the case to all class members.

WHO WAS INCLUDED IN THE CLASS?

In an order dated May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and www.kimkins.com by the plaintiffs and the members of the class. The Court defined the class as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

WHAT HAPPENED AT TRIAL?

In late October 2010, the Court held a trial. After hearing and reading evidence presented by both sides, the Court concluded that the defendants had committed unfair, unlawful, and fraudulent acts in violation of California’s Unfair Competition Law, Business and Professions Code § 17200. The Court also concluded that the defendants had engaged in acts of negligent misrepresentation and fraud.

WHAT WAS THE COURT’S JUDGMENT?

On December 17, 2010, the Court entered judgment in favor of the plaintiffs and against the defendants. The Court ordered the defendants to post a notice on www.kimkins.com warning members and potential members that Diaz had used fraudulent and deceptive advertising to sell memberships for her diet plans and diet support system. The Court ordered the defendants to pay restitution to members of the class in the amount of $1,824,210.39, less any amount for memberships paid by members who previously had acted to opt out of the class. The Court also ordered the defendants to pay punitive damages in the amount of $500,000.

WHAT IF I WANT TO READ A COPY OF THE JUDGMENT FOR MYSELF?

You can read a copy of the judgment at Kimkins.com
Kimkinsblog.com
Kimkinslawsuit.com
Kimkinsscam.wordpress.com
Kimkinscontroversy.com
Kimkindangers.blogspot.com
Lowcarbfriends.com
Livinlavidalocarb.com
Kimkinsexposed2.wordpress.com
Saynotokimkins.wordpress.com
Kimkinssurvivors.wordpress.com
Tiedtlaw.com
prudentiablog.blogspot.com
affiliatescams.wurdmess.com
simpledietchoices.com
amyb1569.wordpress.com
kimkinsclassactionlawsuit.blogspot.com
mariasol-mariasol.blogspot.com
kimkinsdiettruth. blogspot.com
2medusa.com
kimkinsdiettruth.wordpress.com
kimkinsdangers.blogspot.com
honeybeesblog.wordpress.com
kimkinsnightmares.blogspot.com
stumblingtobethlehem.blogspot.com
kimtanicwordpress.com
kimorexia.blogspot.com
notmakingnicetokimkins.blogspot.com
thekimkinslie.blogspot.com
livinlocarbandlovinit.blogspot.com
apinchofhealth.com
pinchof.blogspot.com
cindysIowcarblife.blogspot.com
weight-in.blogspot.com
mayberryfan.blogspot.com
dietwhoas. blogspot.com
weighingthefactsblogspot.com
magicsmomsmusings.blogspot.com
the-journey-on.blogspot.com
wifezillasway.blogspot.com
sockittome.info
mariasols.com
campcarbaway.com
eatinglow.com
atkinsdietbuIletinboard.com
examiner.com
helpfindthemissin.org.

WHAT RIGHTS DO I HAVE?

If you purchased a Kimkins.com diet membership on-line from the Kimkins.com Website between January 1, 2006 and October 15, 2007, you may send in a claim for your pro-rated share of the proceeds that the attorneys are able to collect from the defendants. Since we do not yet know how much money the plaintiffs’ attorneys will be able to collect from the defendants, we cannot know at this time how much each member of the class will recover.

If you wish to receive your pro-rated share of these proceeds, you must send in a signed copy of the form provided at the end of this notice. You must send it to the following address:

Mr. John E. Tiedt
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

To be eligible to receive your share of the recovery, the envelope with your signed form must be postmarked no later than midnight on November 7, 2011. So we urge you to act promptly.

HOW DO THE ATTORNEYS GET PAID? AND WHO PAYS THE COSTS FOR THIS LAWSUIT?

Class counsel—John E. Tiedt, Michael L. Cohen, and Ray Moore—represented the plaintiffs and the class members on a contingency-fee basis. After they have recovered what money they can from the defendants, they will file a request with the court for attorney fees and for reimbursement of the costs that they paid in bringing this lawsuit. The Court then will decide how much to pay them for their fees and how much they will be reimbursed for costs.

WHAT HAPPENS IF THERE IS ANY MONEY LEFT OVER?

By order of the Court, any money recovered that is not paid out to class members, to attorneys for fees, or to reimburse the attorneys for costs will be distributed to the Health Fraud Task Force of California.

WHAT IF I NEED MORE INFORMATION?

If you need more information, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/. You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
1910 West Sunset Blvd., #440
Los Angeles, California 90026

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.

Official Notice of Pendency of Class Notice

2009-11-10T14:50:00.001-06:00

Here is the notice that has now been approved by the Court. I will post a copy of the notice including the Judge's signature as soon as it is provided to me.

Please pass this on - forward it to every party you might think remotely interested, including media outlets you think may have an interest in sharing this information. If you are familiar with anyone who joined Kimkins, please direct them to this notice so that as many of the 40,000 people affected by Heidi's little scam as possible will have the opportunity to know they are part of the class and can opt out, preferring instead to allow Heidi to keep their money, or, perhaps, retaining their right to sue her independently.

If you previously posted this on your blog, please replace the pending version with this official one. Thank you!

Hear that banging sound? Just another handful of nails ...

NOTICE OF PENDENCY OF CLASS ACTION

TO: EVERYONE WHO PURCHASED A MEMBERSHIP TO KIMKINS.COM THROUGH THE KIMKINS.COM WEB SITE (www.kimkins.com) FROM JANUARY 1, 2006 TO OCTOBER 15, 2007

PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY A CLASS-ACTION LAWSUIT THAT IS CURRENTLY PENDING IN RIVERSIDE COUNTY SUPERIOR COURT, IN RIVERSIDE, CALILFORNIA.

INTRODUCTION

1. On May 20, 2009, the Riverside County Superior Court, located in Riverside, California, issued an order certifying this case to proceed as a class action.

2. The plaintiffs are six individuals who bought memberships to kimkins.com through the kimkins.com Website (www.kimkins.com) from January 1, 2006 to October 15, 2007. The defendants are Heidi Diaz, an individual, and Kimkins (also known as Kimkins.com), a business entity that conducts business in Corona, California.

3. The plaintiffs contend that Diaz and Kimkins.com induced them into buying memberships for kimkins.com through false and misleading information provided on the Kimkins.com Web site. The plaintiffs contend that the defendants violated California Business & Professions Code § 17200, et seq., which authorizes courts to provide relief from unfair, unlawful, and fraudulent business practices. The plaintiffs also contend that Diaz and Kimkins.com violated common law prohibitions against fraud and negligent misrepresentation.

4. This notice provides you with information regarding the litigation, including the plaintiffs’ claims against the defendants and the current status of the litigation. This notice also provides you with information regarding the court’s class-certification order.

THE LITIGATION

The Plaintiffs’ Claims

5. This lawsuit is based on the plaintiffs’ claims that Diaz and Kimkins used unfair, unlawful, or fraudulent business practices to induce them into buying memberships to Kimkins.com. This lawsuit is also based on the plaintiffs’ claims that the false and misleading information contained on the kimkins.com Web site constituted fraud or negligent misrepresentation by Diaz and Kimkins.

6. Here’s a list of the kinds of misconduct that the plaintiffs have alleged:

• that Diaz and Kimkins concocted a false persona, “Kim Drake” or “Kimmer” to sell memberships to Kimkins.com
• that Diaz and Kimkins misled potential members into believing that “Kim Drake” was real by using photos of real women and then falsely claiming that the photos depicted “Drake”
• that Diaz and Kimkins posted lied about “Drake’s” purported weight loss
• that Diaz and Kimkins provided false or misleading information to Women’s World magazine
• that Diaz and Kimkins fabricated 41 “success stories” and published on the Kimkins.com Web
• that Diaz and Kimkins made up celebrity endorsements
• that Diaz and Kimkins misused labels and metatags to steer Internet traffic to the Kimkins.com Website, in violation of the law
• that Diaz and Kimkins misled potential members into believing that they were buying lifetime memberships, when in fact Diaz and Kimkins.com terminated memberships at their whim
• that Diaz and Kimkins intended to mislead potential members and assumed that potential members would rely on her misrepresentations.

The Defendants’ Position

7. Diaz and Kimkins have denied all allegations of wrongdoing and liability, and they continue to deny that they have done anything wrong. Diaz and Kimkins also have asserted various affirmative defenses to the plaintiffs’ claims.

THE COURT’S CLASS-CERTIFICATION ORDER

8. In an order filed May 20, 2009, the Court granted the Plaintiffs’ Motion for Class Certification. The Court certified for class treatment the plaintiffs’ claims for equitable relief, including disgorgement of the subscription fees paid to Diaz and Kimkins by the plaintiffs and the members of the class.

9. The certified class is defined as all individuals who purchased the Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007.

THE COURT HAS NOT EXPRESSED ANY OPINIONS
REGARDING THE MERITS OF THE PLAINTIFFS’ CLAIMS

10. The Court ordered that this notice be provided to advise class members that this case is pending and that the Court has certified the case to proceed as a class action. You should not consider this notice or its mailing to be a statement by the Court that the plaintiffs are right or that their claims will prevail.

INSTRUCTIONS TO CLASS MEMBERS

11. You do not need to do anything to remain a member of the class. If you bought a Kimkins.com diet membership on-line from the Kimkins.com Web site from January 1, 2006 through October 15, 2007—including either of those dates—you are automatically included in the class. Your rights will be represented by the plaintiffs and their attorneys. You will not be personally responsible for any attorney fees or for the any of the costs of this litigation.

OPT OUT OF CLASS ACTION LAWSUIT

12. You have the opportunity to opt out of the class action lawsuit as detailed herein. If you incurred a personal injury as a result of using the Kimkins.com aka Kimkins Diet, you have a right to opt out. Notices to opt must be sent to jtiedt@tiedtlaw.com or mailed to Tiedt & Hurd at 980 Montecito Drive, Suite 209, Corona, California 92879.

WHERE TO GO & WHOM TO CONTACT
SHOULD YOU NEED MORE INFORMATION

13. This notice provides only a brief summary of this litigation. For further details, you should take one or both of the following steps:

• Review the documents in the Court’s file for this lawsuit. Many of these documents may be viewed or obtained on-line at the following URL: http://public-access.riverside.courts.ca.gov/OpenAccess/ . You also may review the Court’s file in person by going to the Office of the Clerk of the Court for the Riverside Superior Court, during regular business hours. The Clerk’s office is located at 4050 Main Street, Riverside, California 92501.

• Write a letter to the attorneys who are representing the plaintiffs and whom the Court has appointed to represent the class. Here are their names and their contact information:

John E. Tiedt & Marc S. Hurd
Tiedt & Hurd
980 Montecito Drive, Suite 209
Corona, California 92879

Michael L. Cohen
Michael L. Cohen, a PLC
707 Wilshire Blvd., Suite 4100
Los Angeles, California 90017

Ray Moore
Moore Winter McLennan LLP
701 N. Brand Blvd., Suite 200
Glendale, California 92103-4232

If you decide to contact one of the plaintiffs’ attorneys, please do so in writing. To make it easier for them or one of their staff members to respond, however, your letter should include both your e-mail address and your telephone number.

There are estimated to be as many as 40,000 members in the class. So please, DO NOT CALL THE COURT OR ATTEMPT TO CONTACT THE COURT BY E-MAIL.

DATE: ___________________________, 2009

____________________________________
Hon. _________________________,
Presiding Judge

The Truth, the Whole Truth, and Nothing But the Truth

2009-09-09T22:45:00.005-05:00

Too bad Heidi Diaz doesn't have to take that oath before she types any comments regarding the status of the Class Action Lawsuit filed against her and her infamous diet website, Kimkins.con.

Heidi, you continue to claim that the Motion for Summary Judgment was DENIED by the court on August 24, 2009. True to form, if your fingers are typing, you are lying ...
To read this ruling, click here: Ruling on Motion for Summary Judgment, Kimkins Class Action Lawsuit as filed by the Court August 27, 2009

Surely there is going to come a point at which you will realize that the truth will always come back to bite you in the rear end as long as you keep trying to run away from it.

Justice Delayed, Not Justice Denied

2009-08-24T15:16:00.004-05:00

Contrary to what Heidi Diaz would have her loyal followers believe, the Judge in this case did NOT deny the Motion for Summary Judgment. Rather, he delayed hearing any of the argument until he is satisfied that the class members have an opportunity to removed themselves from the lawsuit - or what they call "opt-out".

He absolutely did NOT deny the Motion. He did NOT determine that there was no monetary loss, nor did he determine that there are no grounds to proceed.

Heidi lied, once again. Imagine that.

Here is the latest from our reporter on the ground, Gran to Angels:

Hi everyone!

Well….either Heidi is lying again or her lawyer is lying to her…you decide!

Posted by Heidi at Kimkins…..

“Ladies, for those of your following the ridiculous class action lawsuit, there was a hearing this morning where the opposing attorney, John Tiedt, had filed a motion for Summary Judgment. It was DENIED. The judge stated the SJ motion was premature, that the class hadn’t been defined nor damages proven.

The 2 year old saga continues…”

Well Heidi…you were not there….I was so looking forward to seeing you again but did not show up….I was there! The Summary Judgment was not “DENIED”….nope….another lie but you are good at them aren’t you? The Judge did say that the Summary Judgment was premature but what the Judge wants done is already in the works….premature simply means John is breathing down your neck! The class action against you is indeed certified and we don’t have to prove damages…this is not about damages it’s about fraud!

Yes the 2 year old saga continues….enjoy your freedom while you can!

Yes, Heidi - enjoy your moment. It will be as a blink of the eye in the big scheme of things.

John's interveiw as he exited the courtroom can be found here.

Kimkins - Proposed Notice of Pendency of Class Action

2009-06-26T22:39:00.004-05:00

Note: REPLACED WITH OFFICIAL VERSION 11/1/0/09

Regarding the Kimkins Class Action Lawsuit: This is NOT an official notice. This notice is proposed to the court by plaintiffs’ counsel June 26, 2009. If you choose to duplicate this notice on any blog or website, this notice MUST be included.

Fen Notice

Late Breaking Lawsuit News

2009-06-02T14:11:00.006-05:00

A Motion for Summary Judgment has been filed with the Riverside Courts by John Tiedt, attorney for the Plaintiffs in the Class Action Lawsuit pending against Heidi Diaz, founder of Kimkins, a diet site which was established based on fraudulent claims made by Ms. Diaz, namely that she had lost 198 pounds over a 11 month period of time, had maintained that loss for 5 years and was qualified to advise and assist others in mirroring her success. As we know, she supported her claims with fraudulent before and after pictures of both herself and her many claimed success stories. We also know that she did NOT lose 198 pounds in 10 months, or over any period of time, for that matter. She didn't lose 100 pounds. She might have lost 50. There is not 5 years of maintenance, there are no after photos.

A Motion for Summary Judgment basically appeals to the court to save the tax payers the cost of a trial as the admitted facts of the case are clear enough to render a decision. The Motion that John filed is many, many pages long and, as usual, is filled with a plethora of indisputable facts to support the request. A hearing has been set to hear the motion on August 24, 2009 at 8:30 am in Riverside County. The State of California requires an 80 day waiting period before such a hearing to allow the court and all parties involved to properly prepare for the hearing.

This is not simply a routine procedure. In fact, it is rather unusual in a case of this nature. However, John believes strongly that the facts in this case warrant this action. He has proven to us time after time just how strong a case has been built, thanks to the tireless work done by so many people to bring the facts to light.

Is the SLAPP Back - Take Two

2009-05-23T19:48:00.001-05:00

If you recall, just a couple of days after Heidi Diaz, founder and fraudulent promoter of the dangerous, nutritionally bankrupt Kimkins Diet, had her calculated attempt to derail the Class Action lawsuit, better known as her bankruptcy case, dismissed her attorney, Mr. Peabody (in the Library with the Candlestick), posted a scathing comment (try to keep a straight face here, k?) on Melting Mama’s blog, threatening dire consequences if she didn’t cease and desist in publishing the God’s honest truth about his client on her blog and impeding his client’s attempts to lure even more people into her snare, er, website. (If you missed it the first time, read about it here.)

Well, here we are, just a couple of short days after the court gave a resounding spanking to Heidi and her divorce lawyer – okay, maybe not a spanking but certainly a defeat, when they granted the petition by the plaintiffs – in English, they certified the Class Action status of this lawsuit. Anyway, Mr. Peabody (in the Kitchen with the Rope) has sent another confrontational comment to another blogger.

**BTW, Mr. Peabody, I know that it is Mrs. Peacock in the game of Clue, but I just can’t help myself. It is just how my mind works. It is no way an implication that you run around with revolvers, candlesticks or rope! This case is sort of like a whodunit, except we know whodunit, the culprit has confessed and all that. So, you see, saying things like she is a liar, she is a shyster, she is a con artist, and … well, the list is long, but saying those things is an expression of one’s First Amendment rights because those statements are TRUE statements. In case you aren’t quite up to speed yet on all that, I’d invite you to simply read chapters one, two, three and four of the Heidi Diaz Deposition Compilation.**

First of all, it is very apparent that Mr. Peabody isn’t nearly as familiar with this case as are the rest of us. If he was he would know that the information he keeps demanding (name, address, etc.) is right in front of him. In this case it is actually in the court documents. In fact, his predecessor served this most recent person not once, but TWICE. Surely he knows that, right? If not, his client sure does. So, the threats of contacting IPs and all that are simply that – threats. Empty threats but threats just the same.

And when has anyone ever heard of a lawyer – one who HAS the name and address of the party he is trying to intimidated into surrendering their First Amendment rights of free speech – delivering a Cease and Desist letter … via a blog comment … Let that thought just sink in a moment. A blog comment. Not a certified letter. Not even an email. But a blog comment. Was that enough to compel Heidi Diaz to cease and desist in the matter of using before and after photographs of some of the witnesses in this case in her advertising? No. Come to think of it, the certified letters to her and her attorney weren’t effective either.

Just as with the last blog comment he posted, this one also threatened that if the blog posts didn’t cease immediately that he had been instructed by his client to vigorously pursue this person in a court of appropriate jurisdiction. Now, I have a pretty good idea how much of a retainer Heidi paid him, and I’m really sure that it isn’t enough for him to go hiring lawyers licensed to practice in different states and working with them to bring these flagrant bloggers to justice. We all realize that he isn’t able to practice law anywhere other than California. I doubt he is foolish enough to attempt to sue all these folks in the State of California after it was shot down when Mr. Cottle tried it. Heidi certainly could be paying him more money, of course. I’m just thinking that he likely has a whole lot of work to do on this case right there in Riverside County. And we all know that with lawyers, time is money! So, Mr. Peabody, are you simply doing this to satisfy the whims of your client? You do realize that you wouldn’t be the first person she has led down the path that doesn’t end anywhere good, right? We all know she is VERY convincing, with her sweet voice that belies the cold, calculating person she really is. We know how she can make the most absurd statements and spin them in such a way that you actually start to believe it – you really WANT to believe it, in fact. We KNOW how she can tell bold faced lies all while being shown the proof that she is lying – and how once she realizes that you aren’t buying into what she is saying she will turn on a dime and suddenly be telling a completely different story. I assure you, Mr. Peabody – you will never know when she is telling you the truth and when she is not.

Ah, well. Obviously he recognized the risks in going forward with Heidi’s last efforts to send the witnesses in the case against her scurrying into the shadows. This new tactic is interesting, to say the least, but I’m pretty certain it will be just as likely to backfire. I promise you that the witnesses are totally committed to seeing this thing all the way through. They are not going to go away.

You want to know what is really funny? This blogger, just like the last one, really doesn’t blog much about Heidi Diaz, Kimkins or the lawsuit. This one doesn’t blog much, period. This one certainly is a very big thorn in Heidi’s side, but still is not very active online.

I have to wonder just what Mr. Peabody, or Heidi, hopes to accomplish with these types of tactics? Surely there isn’t a class on legal bullying at whichever fine law school Mr. Peabody attended. And that’s what this boils down too. Legal bullying. Eventually one of those blog post comments might find themselves in the inbox of someone from the California Bar Association. While there was no class on legal bullying, I bet there was a class (or two) on ethics. As my really good friend, John Tiedt, likes to say – there is SO much good that can be done with that law license. So much good. Like pretty much everything else it is all about choices, isn’t it? May we all choose wisely.

And the Decision Is ...

2009-05-20T12:32:00.003-05:00

We won the Motion for Class Certification! You ROCK, John!

I do hope some of those who so firmly believed that we have no foundation for a lawsuit here will now realize that we are NOT just a bunch of bored housewives...

I've Been Thinking ...

2009-05-14T15:26:00.004-05:00

And reading. Heidi Diaz filed her Opposition to Motion for Class Certification, and John T. has filed his response. She really doesn’t get it, does she? And obviously, neither does Mr. Peabody (it is so hard to say that without adding in the Conservatory with the Knife, but I digress…).

You know how you can be talking to someone and they say one little thing and all of a sudden light bulbs start turning on and you see something so clearly that has been right in front of you all along? Well, I had one of those moments this morning. My mind just flew to all sorts of possible scenarios. Here’s how it went …

A good friend and I were talking about Heidi’s essay contest. You can read all about it here, but basically she wanted all sorts of folks vying for $500 in cash prizes, plus Kimkins gift baskets and gift certificates by writing in and telling why they simply LOVE Kimkins. If you notice, the date that contest ended was May 11. Suddenly I realize WHY she is doing that. She has to support the claim Mr. Peabody made in her Opposition – that she has “a substantial number of current active and satisfied clients”. Those essay entries should be safely in the hands of those “blind” judges by now. And the hands of Mr. Peabody, I would add. She has to be able to produce those satisfied clients.

She promised that their names would not be published. Of course, she forgot to mention that once they are submitted to the court as “proof” that their real names will have to be produced as well. She will have to produce those testimonials as exhibits. Don’t forget the fact that they are real people and not sock puppets or paid endorsements will have to be validated. In other words, they will become witnesses for the defense. I’m sure she will try to claim that their identities are somehow privileged. She may be able to hide their name from the public, but the question of whether or not they are real people will still have to be proven to the satisfaction of the court. Given her pattern of fictionalizing, shall we say, that is a genuine and significant question. If they are real people, they have been gathered up by the guise of a “contest”. Another deception. Surprise!

Anyone want to bet that they won’t be published on her site at all? She will claim she is not doing so to protect them, or her attorney advised her not to or some such thing. How about this – the Class Certification hearing is May 20. She is announcing the winners on June 1. She will say the court won’t let her publish that information. Or maybe the “blind judge” is THE judge and she will pick the one he seems to like the best or the one that she believes gets her off the hook. But either way she will say she awarded the money. I wonder if she realizes that to NOT pay those prizes out to real people would be yet another fraud? If a single person submitted their entry via the US Mail that would be a special type of fraud.

I wonder, too, about the testimonials that are popping up on her LiveExpert site (assuming they are real people). She obviously has all of their contact info – whether it is just via their bank or Paypal account or actual address, or her sock drawer. Are they going to pop up as some of her satisfied clients?

Well, this is all just speculation on my part, of course. I have no crystal ball. I just hope that those folks who thought they saw easy money don’t find themselves unwittingly in the middle of her legal messes. Not that she would care, as so many can attest to.

Awhile back this blog post was published in which Heidi supposedly wrote an email to someone addressing the scam involving her and her website. In that email she wrote that two years ago she admitted to making errors in the promotion of her website but immediately corrected those errors when she got caught. Two years ago. That part is certainly a lie, though it is apparent that she is going to try to hang her hat on that hook, judging by her filing.

She made another statement in that email, though, that bears some focus. She said, “What didn't change is Kimkins: a very inexpensive weight loss plan that allows members very quick weight loss. Kimkins is a lean low carb diet with up to 6 servings of leafy greens daily. Less fat than Atkins, fewer carbs than South Beach, low glycemic with superior blood sugar control. This is why our members often report losing 5% of their TOTAL body weight in 10 days or less.”

She is sure right about that. Kimkins has NOT changed. It is STILL a dangerously low calorie diet. It is STILL perpetuated by misleading statements and representations. She is STILL morbidly obese – a fact she fails to list in her “credentials” on her LiveExpert page - proving she STILL isn't able to follow the very diet she cheerfully accepts payment for and promotes. She STILL represents that she has many active members, when, in fact, her numbers have dwindled to a couple of handfuls of fairly regular posters – even lower when you omit the sock puppets. Heidi STILL lies about all sorts of things germane to this case. Yes, indeed. She is sure right that Kimkins has not changed.

16 Days and Counting ...

2009-05-04T22:44:00.003-05:00

Just a reminder since Heidi has a tendency to forget these things:

"TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
NOTICES IS HEREBY GIVEN that the MOTION FOR CLASS CERTIFICATION, filed by Plaintiffs, ...,filed on or about April 10, 2009, has been set for hearing on May 20, 2009, at 8:30 am in Department 4 of the Riverside County Superior Court ..."

Heidi and Focused Thinking

2009-04-29T08:09:00.004-05:00

One of my dear friends called me last night during swimming practice to rant a bit about the king sized ones of Heidi Diaz. She has just gotten her latest unwelcome and undesired Kimkins newsletter. She wonder just how Ms. Diaz, having only a few weeks ago been so destitute to have filed for bankruptcy could now be flush enough with cash to sponsor an essay contest. Good point, Christin.

So, this morning, my dear friend Avenue Girl calls me. “Read this!” she said. “It’s my essay entry!”

Well, for the first time I actually read the newsletter article. I was going to ignore this whole thing, but some things are just TOO good to pass up.

“Entries will be judged on originality, sincerity and how well your message is conveyed.” I think AG is pretty sincere here, don’t you? She gets her point across. It is an original take on things, too. I bet there won’t be a single other submission quite like it. Since she is on the move a lot maybe Heidi could just send her winnings in c/o John Tiedt.

“Before/after photos may be included to demonstrate your message.” First thing that comes to my mind – take a photo of how much food you ate while doing Kimkins and put it alongside a photo of how much food you eat doing Atkins. Mariasol already has done lots of those before and after shots. Maybe she’d resurrect them.

“Entries will be blind judged. Personal identifying information will be removed before forwarding to the Selection Committee.” Now, this is one of my favorite parts. Selection Committee - who could that be? The sock drawer? Oh, no, not them. They have to be able to enter and win. Brandon and Dennis maybe. I have a feeling this is something like that massive staff she had before she was busted. Oh, I know! It must be those blind followers. That will make the blind judging part easy. (I would never make fun of people conned by Heidi Diaz. At this point, those still devoted to her are fully aware and I don't consider them victims at all.)

“Winning essays may be published at Kimkins.com and personal information removed.” So we will never “know” if a real person or a sock won? Well, I don’t blame her for this one. She is, after all, still being sued. Why drag another person in to the middle of it all like she did Singinglass and Gary?

“Kimkins staff members, vendors and consultants are ineligible to enter or judge entries.” Remember – socks , Brandon and Dennis are not paid so I’m sure they aren’t staff members any more. I guess John T. can’t enter, since she gave him credit for giving her such good business advice in her first deposition. That would make him a consultant.

“Submit entries by email to webmaster@kimkins.com or mail at Kimkins, 575 Calhoun St., Corona, CA 92879.” Better be really careful now, Heidi. Fraud committed via the US Mail system is very serious, indeed.

$500 in cash prizes plus 5 gift baskets and Kimkins gift certificates? Christin is right. That is quite a chunk of change for someone who is bankrupt. I wonder – did you run this all by Mr. Peabody first?

I won’t be making an entry of my own because I like the same things Avenue Girl does so my entry wouldn’t be unique enough. I’m a bit worried about her, though – hasn’t Medusa taught us facial hair and stick legs are not a good thing?

I do have a few of my own to add, I guess. I like that I’ve been able to fine tune investigation skills and how easily those skills translate to the airy environment of the internet.

I’ve learned a whole lot more about human nature. Sociopaths really feel no remorse for the harm they do to others. They believe the rules that govern society as a whole simply don’t apply to them, especially in the case of a particular sociopath who tells herself she is simply trying to help people lose weight. They believe they hold the truth and the answers and the fact that they are not able to apply that truth to themselves and help themselves is totally irrelevant to the issue.

I like Kimkins for entertainment that has lasted for a year and a half now. It must make you proud, Heidi, to know that you have caught and kept the attention of so many people for so long. If what you were doing wasn’t so despicable we wouldn’t give you the time of day. I imagine you count on that, eh? Makes me think of what we know about delinquent children. Bad attention is better than no attention. Is that what it is for you, Heidi? You deserve to get attention face to face – not via the internet. I know a place where you can have a captive audience. You will look good in orange. Good thing you used that Rentin-A all those years.

The thing I like best about Kimkins is that I’ve met some incredible people. Actually, everyone I’ve “met” is incredible in one way or another. Quite a mix of characters.

Thank you, Heidi, for keeping in the forefront of our minds exactly what kind of person you are. Thank you for calling on us to reflect on what it is we like about Kimkins just days before we all head back into court with you. Your timing, as always, is impeccable.

Is the SLAPP back?

2009-04-22T16:22:00.006-05:00

Ah, it is nice to be back to business, now that the attempt to thwart the class action lawsuit with an ill advised bankruptcy has failed. We all know Heidi will have to attempt *something* to keep things stirred up. Of course she fails to realize that John and team will not be thwarted no matter the depths she attempts to attack from.

The latest is the attempt to intimidate the blogger known as Melting Mama, aka Beth. You can read the details here. Be sure to scroll to the bottom to get the really interesting part - though the part where her blog was hit many, many, many times is interesting in itself.

Not to take anything away from Melting Mama, but I have to wonder - why her? Looking around her site she has made mention of KK a couple of times, but she certainly isn't in the category of dedicated anti-KK blogger whose main focus is bringing down the Kimpire. So I ask again - why Beth? Does anyone believe for one nanosecond that Mr. Peabody is going to find someone in the fine state of MA to represent Heidi Diaz (or Dias, if you prefer)? Is he foolish enough to believe her pockets are that deep? Is he tipping her hand - allowing that she really has far more assets than she claims? Is he reckless enough to threaten legal action that he actually has no intention of taking?

The entire incident with NancyElle is brought to mind. Could it be that Beth is expected to react in a certain way to arouse the anti-KK crowd in a particular fashion? Is he counting on her to send waves of fright throughout a community he has neither the resources nor the legal grounds to take on?

Do you suppose he, being a competent (I'm guessing - I have no knowledge) divorce attorney, has researched the issue of retaliatory lawsuits? Is he ready to stick himself out there? Does he realize that if this little move of his backfires on him (which it surely will) that not only his client but he, himself, would be held financially liable?

We've all seen Heidi batting her little eyes, pulling the awe, shucks, I'm just a simple little housewife act. Do you suppose that is really mesmerizing in person?

Well, time will tell all, won't it? In the mean time, thank you, Mr. Peabody, for giving us something to contemplate while we all await May 20.

Oh, and HI! Heidi! I see you are online at the moment at LivePerson - dishing out even more of your made up advice. Lucky for you starvation really causes weight loss, eh? I wonder - do you show your before and after photos to your new "clients"? Do you tell them your own personal story? Do you still believe it is okay to deceive people because all you are trying to do is "help" them lose weight? Wonder with each and every one of those contacts just who really IS on the other end of the line ... you never know when you'll have to face those words again.

Sometimes the Wheels of Justice Aren't So Slow ...

2009-03-28T18:16:00.004-05:00

May 25, 2009 --- The US Bankruptcy Court has dismissed the bankruptcy petition filed by Heidi K. Diaz.

Initially Heidi filed for protection under Chapter 11 - a reorganization plan for businesses. Between the efforts of John Tiedt, lead attorney for the Class Action lawsuit against Ms. Diaz, and Scott Clarkson, the bankruptcy attorney representing the interests of the Class Action participants, they were able to demonstrate to the trustee that Ms. Diaz did not qualify to file Chapter 11, resulting in her stating her intention to refile under Chapter 13. What is not clear is if she ever actually did that.

What is clear is the trustee has determined that the case should be completely dismissed at this point. This could be for a variety of reasons. The documents don't specifically state, but it is my speculation that Heidi was not being cooperative with the requests of the trustee. She certainly didn't want to be forthcoming with honest answers to legitimate questions, nor did she want to surrender further information as she was soon to be compelled to surrender.

Regardless of the reason, the end result is that the bankruptcy is dismissed, Heidi is prohibited from refiling for 180 days (6 months), and a judgment was entered against her in the amount of $325 for costs.

Sweet.

Attention will once again turn to the main lawsuit. I, for one, do not believe that Heidi is going to suddenly turn cooperative. Surely she will attempt to thwart John's efforts at every turn as she has previously. Do you suppose she will finally "get it" that her adversary is NOT going to back down? Can the end to this madness be far from sight? Several of us have invested months in this case. I have to say, moments like today when my phone rang make it oh, so worth it :)

Jeanessa has often marveled that in her quest for a lawyer she managed to find John. This case most certainly would not be where it is today without him. Thank you, John!

New Defense Idea for Kimkins Founder

2009-03-25T14:48:00.004-05:00

Hey, Heidi - here is a new tactic for you. Maybe you can use this as your defense for not being 118 ...

Personal trainer Paul “PJ” James of Australia decided he needs to fatten up to be able to relate to his obese clients so he is on a quest to intentionally gain 85 pounds. He figures doing this will put him in the right frame of mind to understand the struggles of the overweight souls he is trying to help. In his fit state, apparently, he isn’t able to do that.

The tools he is using to reach his new goal weight of 265 pounds are Krispy Crème donuts and deep-fried chocolate bars, along with other widely accepted foods that pack on the weight. Of course, he has also ditched the healthy veggies and other nutritious alternatives, because apparently he believes that overweight people don’t eat those. He started at 180 in January, and by the time of this ABC News story at the end of February he had already packed a bunch of it on to reach 233 pounds. He plans to be at his goal weight by the end of March. Wow. That is any day now.

I wonder if Mr. James has entertained the possibility that he may actually be creating an eating disorder? Could he develop an intolerance for or addiction to carbs like so many of us have? Will all the muscle mass he has hidden under all that fat deprive him of the experience he craves – that of being just like his fat clients?

This gives new meaning to what someone is willing to do for a buck. I sort of doubt some hunk gaining weight rapidly and losing it just as rapidly is going to be much inspiration to anyone. Maybe he will maintain his new weight for 4 or 5 years and THEN lose it. That might inspire me. Or not.

Look here for Mr. James’ success photo gallery. (Obviously the before pic at ABC was from his modeling days and Day 3 – well – wasn’t. Not that he doesn’t look good on Day 3 but I sure don’t see that lovely six pack …)

What We Asked For ... God Help Us.

2009-03-15T21:54:00.002-05:00

I implore you, my fellow citizens, pay attention to what is happening in our government.

... Before "we" get what we voted for ...

It's aWonderful Day in the Neighborhood!

2009-01-27T12:36:00.002-06:00

Just in from John Tiedt:

All seven of our motions to quash were granted today. Heidi lost. Heidi’s new attorney showed up today and tried to get the court to continue the matter but the judge emphatically denied that request. The court decided to hear all 7 since Mr. Peabody showed up.

Do you hear that noise, Heidi? It's the sound of the other shoe getting ready to drop ...

Allow me to introduce …

2009-01-21T22:05:00.001-06:00

As is well known, Heidi Diaz, founder and owner of the fraudulent business known as Kimkins, filed a petition for bankruptcy a mere two days before she was required to appear in court for a hearing on the motion to certify the class in the civil case pending against her. Those of us who have been closely following this case, as well as the lead council for the plaintiffs, John Tiedt, fully believe this action taken by Heidi Diaz is a blatant attempt on her part to manipulate the court system in her latest attempt to side-step the civil action being taken.

John has promised us that he will diligently fight any attempts on the part of Ms. Diaz to expand her fraud into the bankruptcy courts. One of the trademarks of a true expert is they recognize their areas of expertise and when they encounter a need beyond their own scope of practice they eagerly seek out wise counsel. John Tiedt is truly an expert. In this case, John has secured the services of one of THE top lawyers in the field of bankruptcy law in the State of California. This gentleman served as the Chair of the Los Angeles County Bar Association’s Bankruptcy Committee from 2005-2007. Currently he is vice chair of the Executive Committee of the Commercial Law and Bankruptcy Section of the Los Angeles County Bar Association. Among his many other affiliations he is a former Local Bankruptcy Rules Committee Chair for the Los Angeles County Bar Association Bankruptcy Law Committee. In other words, he is incredibly qualified to deal with this matter.

Friends – and Heidi – please meet Mr. Scott C. Clarkson, of Clarkson, Gore and Marsella.

Mr. Clarkson, thank you so very much for catching the vision that John shares with so many of us – the vision of holding Heidi Kimberly Diaz accountable for the devious actions that have brought harm to so many people.

Once again, Heidi … Game On.

No Gifts?

2009-01-21T09:49:00.004-06:00

This question is asked on the bankruptcy documents that Heidi filed:

Q: List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient.

A: None

You mean to tell me that on the heels of a year of making almost two MILLION dollars (that you reported) that you didn't buy your children gifts? During the year you made over $100,000 - in which you had NO house payment - you didn't buy gifts for your children? Your grandchild? You claim both Dennis and Brandon as dependents on your bankruptcy, but you didn't gift either one of them? No car? No bed? No clothes? Oh. Maybe you consider all those things just like maintenance. You know, expenses. But you didn't list those things as expenses. I mean, $25 a month for clothing won't clothe 3 adults. If you DID ever buy Brandon a bed (I would certainly hope you did) it couldn't have been much of one, as your entire household goods is only valued at $1500 (are you sure you didn't leave at least one zero off that number?). Short of buying a used mattress (you can't sell used mattresses around here) you surely spent more than $200 on a bed. Maybe you just bought him an air mattress. Maybe you didn't include it in your household goods because it is, after all, HIS bed. Oh, but then you would have gifted it to him, wouldn't you?

I'm not buying it. And I bet the court won't, either.

And They Said It Couldn't Be Done

2009-01-16T01:40:00.001-06:00

Hi, Heidi! Just in case you missed it ...

HEARING RE: MOTION TO/FOR CLASS CERTIFICATION * BY JEANESSA FENDERSON
01/14/2009 - 8:30 AM DEPT. 04

HONORABLE MICHAEL B DONNER, PRESIDING
CLERK: L. HALL
COURT REPORTER: T. FOSTER
JEANESSA FENDERSON, KARIN BILLECI, TRISTA ESSEX, HEIDI MARTINEZ, KATHLEEN ROGERS, DIANA SHERBY REPRESENTED BY MICHAEL L COHEN A PROFESSIONALLAW CORP - JOHN TIEDT PRESENT.
MOTION FOR CLASS CERTIFICATION IS GRANTED.
FORMAL ORDER TO BE PREPARED, SERVED AND SUBMITTED BY COUNSEL FOR PLAINTIFF

Setting the Record Straight

2009-01-14T23:00:00.002-06:00

Not being one unable to say they are mistaken, I would like to address this statement in my last post:

"Question: A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, his/her spouse, an affiliate of the debtor, …yada, yada, yada …
Answer: NONE

She must have forgot those two other times, eh?"

I've been doing some studying. This particular question on the bankruptcy forms that Heidi filed falls under Local Rule 1015-2. Local rules apply to - well, local areas. They are rules specific to a particular jurisdiction.

This particular rule is asking about Related Cases - is this case related to any other bankruptcy proceedings, either current or within the three years prior to this current filing.

Heidi answered that question as none, which is correct. Her prior bankruptcies do not fit the criteria.

I apologize if any of you followed me down this bunny trail. Mea culpa, mea culpa, mea maxima culpa

Finer Points

2009-01-14T13:04:00.004-06:00

Edited below - see note

I see that I need to clear a couple of things up and answer some questions here.

Her "here is the money I get to live on each month" income is not $11,666. That is her gross monthly income, before her business expenses. And the other is factored in to it all. After all her business expenses that she claims she has is taken out and all her living expenses that she claims she has are taken out, she STILL has over $1,000 a month. Call that go to town money. Blow money. Retirement fund, except she doesn't have one of those. Still far more than most people have at the end of the month.

Next thing, those taxes, I assume, are for 2007 AND 2008. I wonder if she has even gotten around to filing her taxes for 2007? Time will tell. At some point she will be required to produce her returns.

That $4,500+ in other expenses are broken out below that question - all those various business expenses, including bunches to Clexus. Wasn't the $400,000 she sent them just before the lawsuit was filed enough?

Didn't she claim repeatedly on her website for sure and in her depo as I recall that she had paid all those expenses in advance for like 2-3 years? Maybe it was in private emails and such. To Tippy maybe? Jeannie, if you're reading, send me a note and let me know, would you? Thanks.

Here is some more from my notes written during my first read through of the docs:

More stuff ….

This is just some of my notes that I’ve jotted down during the first reading.

She filed as an individual
Chap 11
Debts are mostly business debts
Largest Debt: State of CA Franchise Tax Board: $154,832
Student Loans
Dental Bill – wow – massive work - $9,200
Small credit cards
Large unsecured loan, with $4000 worth of collateral … total $26,724 – 22,724 unsecured (Edited to add: They have apparently reversed the numbers on here, as it has been documented that she put $4,000 down and the rest is on a note. In that case, the $22,724 would be secured. Maybe that's how she is going to defend against any "errors" in this paperwork - her lawyer is unfamiliar with matters of bankruptcy law)

Now is when it gets interesting …

Question: A petition under the Bankruptcy Act of 1898 or the Bankruptcy Reform Act of 1978 has previously been filed by or against the debtor, his/her spouse, an affiliate of the debtor, …yada, yada, yada …
Answer: NONE

She must have forgot those two other times, eh?

She signed that specific piece of paper declaring under penalty of perjury that it was true and correct. Oops!

She claims her household property has a value of only $1,500. Good thing she never bought Brandon a bed. That figure would have been MUCH higher then. I suppose it is possible if she has really old and beat up stuff. I’d think that flat screen television that hangs on the wall of her office would be worth more than that, but what do I know?

Personal wearing apparel is $200.00. She does say in the documents that she hasn’t had a fire, flood or other major event like that. I guess stretch pants and spandex are really cheap in California.

No money. Serious. $100 cash. $200 PayPal. $4 in another bank. She has definitely fallen on hard times here.

Here it says Halcyon is a joint venture or partnership – non-viable – value $1…

Of course there is the $52,698.01 in that trust account that is frozen and attached.

Doesn’t know the value of her Kimkins customer list … let me help you with that one, Heidi. You’ve burnt most of those folks and they are likely not candidates to join yet another diet scam, so I’d put that one at zero. I’m sure some other scammer would be willing to pay you a bit more than that, though, for that list …

A 2006 Toyota Corolla worth $4,000 – is that what the collateral is on the above note?

We need to check property values in her neighborhood – have they really declined 50% plus?

That’s it for now. The next section starts dealing with the creditors and I need to reread that slowly to make sure I get it right.

It's That Pesky Lawsuit, I Tell You!

2009-01-14T00:07:00.003-06:00

Some details from Heidi's bankruptcy filing. I see what sticks out to me, but what sticks out to you?

Heidi claims $11,666 a MONTH in income from KK, and $8915 a month in operating expenses (sorry, have to wipe off my computer screen), minus $1748 in living expenses, leaving her $1003 a month. Now, this is AFTER her taxes and insurance on her house, her food, her $25 a month clothing allowance, her utilities, everything. I think most folks would WISH for that sort of monthly excess, don’t you?

And she swears, once again, that this is accurate information. We’ll see.

Now, this is the fun stuff. Her business statements.

Monthly gross income: $11,666
Office supplies: 167.00
Legal, Accounting and other Professional Fees: $4,166 - Cottle made his money for the year, I see. That might include her CPA and bookkeeper (or whatever that other guy did) from January until September.

$4,582 in other? I can’t wait to see what that is, can you?

Here it is!
Web Hosting: $583.00
Advertising: $667.00
Clexus: $833.00
Tech Support Services: $750.00
Forum Support Services: $416.00
Refunds: $167.00
Google Adwords: $1,166.00

Someone asked specifically about her California taxes ... according to Becky's blog, in Part One of her deposition she said she sent them $100,000. She either underestimated it by $$154,832, or she lied about sending the $100,000, or she is lying on her bankruptcy filing. I wonder which one it will turn out to be ...

I would like to invite any experts in bankruptcy to comment on this matter.

There is much more in these documents. Stay tuned.

Can a Leopard Change Spots?

2009-01-13T17:21:00.002-06:00

Apparently not, at least if that leopard's name happens to be Heidi K. Diaz.

I find myself in possession of a full copy of her bankruptcy filing from yesterday. It is very enlightening. I have only a few moments at this minute to get this up, but for now I will give you a glimpse into what I see ...

1. Cottle is NOT listed as a creditor, so she has paid him in full.

2. Heidi, Heidi, Heidi ... when you were sending off that tax check to the IRS just before the lawsuit was filed, why, why, why did you ignore the State of California? Didn't you realize that they were gonna want a whole big giant chunk of money from you?

3. The drop in the housing market must have hit her pretty hard. Or so she thinks. She estimates her house to be worth $200,000. Didn't she pay something like $400,000 for it? Oh, and there's that little tax thing again. It would be awful for that place to be sold at a tax sale ...

4. Her divorce lawyer (who isn't known in any bankruptcy lawyer circles in CA apparently) who subspecializes in bankruptcy DID get a pretty good sized retainer. And is pretty pricey to boot. Of course, $5,000 is a drop in the bucket for a successful business owner such as herself.

I've check with my own legal counsel on this - ALL of this information is public record now that it has been filed. Gosh, Heidi - do you really think it was wise to LIE on a document we all were gonna see and have enough documentation to put you away?

Or, I bet you didn't bother to read the fine print at the bottom - right by where you signed you name. You signed a statement that says, "I declare under penalty of perjury that the information provided in this statement is true and correct." You remember that part?

Well, how about the part that says, "Penalty for making a false statement: Fine up to $500,000 or imprisonment for up to 5 years or both. 18 U.S.C. Sections 152 and 3571."

Bless your heart. Have you forgotten that you have now moved yourself up into FEDERAL court?

Later tonight I will detail some of those lies ...

Out of the hat comes ...

2009-01-13T10:12:00.003-06:00

There is lots of new Heidi news ... like, NEWS FLASH news. I really thought I needed a song or a strong photo to set the stage for this, so I went hunting. Before I get to the really big news ... serious stuff, folks! ... I want to share what I found. Not exactly what I was looking for, but it does sort of remind me of the last year I've spent on this thing. From the looks of things, I'm not done yet, either. Be sure to see below for the Heidi news ...

Ok. On with the news.

By now, most of you have heard that Heidi made a really underhanded move yesterday. TWO DAYS before the hearing for the class certification of our lawsuit, Heidi filed for bankruptcy. What's the big deal you may ask? Well, it puts the breaks on everything real fast. All court proceedings against her are halted. Dead in the water? Hardly. Though I'm quite certain Heidi thinks so. Stalled? Most definitely. Of course, as Deedlyn pointed out at LCF ... fraudulent filings of bankruptcies to avoid other lawful court action is not taken lightly. Heidi may very well have put herself in that orange jumpsuit we have been waiting for her to model for us.

Oh, but there's more.

A new diet website has popped up on the scene. Simple Choices Diet. It is a diet that appears to work on exchanges, rather like the diet the American Diabetes Association publishes. Each recipe on her site breaks out the nutritional data in exchanges (so many starches, so many fats, so many fruits, and so many proteins). Here is how she is positioning it: "Simple Choices is a fresh alternative to dieting and permanent weight loss. The focus is on fast weight loss using real food with no carb or calorie counting. Members receive flexible portions, expert help, delicious recipes and community forum support. Dieters will be treated to an easy to follow way to lose weight fast." Oh, yes. All of those tags that we have come to know and love are all there still: lose weight fast,fast weight loose,low carb diet,low fat diet,low glycemic diet,gastric surgery diet,lose stomach fat,lose weight after baby,online diet,cheap diet,easy diet,loose belly fat,lose 100 pounds,lose belly fat,quick weight loss. There is an extensive Google store that makes it very clear that she is turning her back on the diet plan that made her millions, in a deluded attempt to go more mainstream.

So, how do I KNOW this is Heidi Diaz at work, and not just some soul who is trying to make a buck - sort of like the Magic Chicken Diet? Heidi, you may want to listen up to this ... I hold in my hand absolute proof this is you. You think you are so smart, but you really aren't. I have a piece of paper - one from a very legitimate financial organization.

Heidi is quickly going to face problems on several fronts. First and foremost she is going to have to convince a judge that she is broke and can't pay her bills. Of course, she will have to explain to that judge why she just realized that two days before our hearing. And days before her court date with the City of Corona. She will also have to explain how she is so broke that she set up this website, has started paying for Google Ads for that site, and is still spending thousands of dollars a month on advertising for Kimkins.

Of course, she is also going to have to deal with that pesky little matter of trademark violation. The company who owns the trademark on your name, Heidi, was VERY interested in all the little details. That piece of paper I have will make sure that you can't claim it isn't you. Every photograph, every paragraph, every article you put up on that site are being scrutinized, too. You have such a propensity to lift things that aren't yours and use them for your own financial gain. did I say that company? I meant the general counsel of that company.

Hopefully this one won't take a year ...

Praying for AmyB

2008-12-07T14:34:00.005-06:00

Amy, my friend ... I stand with many sisters and brothers before the throne of our Father, interceding on behalf of you and your family. Stay strong of heart. Remember whose hands you rest in.

Thank you, OhYeahBabe, for starting this circle of prayer. There is no more powerful force in all the universe.

Thank you, Heidi Diaz, for bringing us all together. We will fight together and stand together, shoulder to shoulder, and we won't stand down until you are stopped.

Amy, I love you like the sister you are.
Sandy

PS: If you are looking for lawsuit information, please go to the previous post.

Important Lawsuit Information

2008-11-05T14:46:00.002-06:00

Edited to add: Several folks have asked if they had to have joined Kimkins to be able to help with this. The answer is NO! If you were simply on the Low Carb Friends board and saw her building her fake life in real-time then you can help! Contact me if you have any questions! Thanks, folks! Let's all join together in giving Heidi one great, big SMACK!

Dear Fellow Crusaders,

John is working diligently on the Certification Brief for the class action lawsuit against Heidi Diaz and Kimkins. The following is the information we are pulling together for him as he is finalizing the brief. If you can provide any of this information, please forward it either to PrudentiaBlog@aol.com, or to KimkinsCase@gmail.com. If you are concerned about becoming involved, please contact me and I will be able to discuss this further with you.

1. We are compiling a list of people who saw the person known as Kimmer, including the avatar of herself, on the Low Carb Friends board during the actual period of time she was there – during 2002 through mid 2006. You can simply send an email stating that you saw her and your name will be added to that list.
2. We are looking for more persons who dealt with Heidi while she was impersonating a consumer simply promoting the diet. For example, people who became involved in her free clothing give away. Particularly people who dealt with her as Vanessa2Lucky@yahoo.com.
3. We are looking for advertisements clearly stating that she was offering a life-time membership. These can be from between the dates of February 2006 and October 2007.
4. Heidi stated in advertisements that her diet is good for persons with Type II Diabetes. We are looking for people who read that advertisement and joined Kimkins based upon that claim.
5. We are compiling a list of those who have been banned from the Kimkins site. Please include whether or not you are “super banned” or if you can still access the front page but not the boards and membership only areas.

Again, please forward these items to PrudentiaBlog@aol.com or KimkinsCase@gmail.com so that we can compile the replies and sort out duplicates. Thank you very much for your assistance in these matters.

Game On, Heidi. Game. On.

2008-11-03T17:57:00.001-06:00

A response has been received by John Tiedt, the attorney representing the plaintiff's class action against Heidi Diaz, from her attorney, Bert Cottle, in reference to the status of the cross-complaint (the SLAPP suit) filed by Heidi Diaz.

First, this is a direct statement from John, which he has asked me to share with you all:

“The cross complaint filed by Bert Cottle was designed to intimidate the plaintiff’s witnesses. We intend to file a motion to strike and seek monetary sanctions against Ms. Diaz and Mr. Cottle.”

In addition to the above, I have talked to John and we are setting up a defense fund to help defray the filing fees and costs that will now begin to accumulate in this matter. If you are interested in contributing to this fund, you may do the following:

Checks or money orders: Make payable to Tiedt & Hurd Trust Account

Mail to: Tiedt & Hurd Trust Account
c/o Barb Lewis, The Witness Intimidation Fund
980 Montecito Drive, Suite 209
Corona, CA 92879

Credit or Debit Card: call Barb Lewis at 951-549-9400

Folks, I have every confidence that John is going to prevail in these matters. He is very active right now in drafting the certification brief, as well as the details of the SLAPP suit. Remember, all, to stand firm and stand tall. We are on the side of the truth. I am so proud to stand with people willing to stand up to the likes of Heidi Diaz.

It's So Hard to Say Goodbye for 40,000 Victims

2008-11-02T17:24:00.005-06:00

I thank God in heaven that I never joined Kimkins, never followed Kimmer, never thought she was my friend, never believed she held the answer to my years long struggle with weight and eating issues. I never experienced the friendship - well, it appeared to be friendship. That sounds so odd, knowing that Kimmer never really existed. The betrayal that must come from knowing that someone you "talked" to every single day turned out to be nothing more than the seed flower of a dandelion that blows away with a strong wind. No, worse than that. Turned out to be an evil spirited sociopath who reveled in the struggling you endured trying to be all that she led you to believe she was.

I never experienced the camaraderie of the forums on the Kimkins board. Never grew those particular friendships. Never shared my secrets, my hopes, my fears, my failures and my successes with that particular group of people - only to have them willing to trade what I valued so highly - our friendship - for another lost pound on the scale because they weren't or aren't ready to accept that they, too, fell prey to this monster.

I've watched many people I've come to know, respect and care for walk through the normal grieving process, working hard to stand back up and believe once again that they CAN succeed, CAN trust, that it IS worth it.

I don't know if Heidi reads my blog or not. I truly don't believe she has a conscious to prick. She likely won't "get" this. But to those of you who have been harmed through this, I hope, if you aren't there already, that you are close to being able to let go of the dream of what it never really was but should have been, and embrace your today with hope, peace and surrounded by love.

40,000 Points of Light

2008-10-31T22:54:00.005-05:00

SLAPP this, Heidi. We will not be silenced.

A Matter of Public Interest

2008-10-30T23:10:00.009-05:00

A little music to read by ....

One phrase keeps jumping out at me as I have been reading case after case after case in the matter of SLAPP lawsuits. That phrase is "a matter of public interest". We, as citizens, have the right to speak out against things that involve the public interest. I keep asking myself, "Self, does the Kimkins.con matter qualify?" So I decided that we need to really visualize just how big a deal this is.

The number that keeps getting tossed around is 40,000. That is the number of members it is estimatedthat KK has - or had at one time, anyway. 40,000. That is a big number. It would take a long time to count it out. Go ahead. Try it. I'll wait.

1...2...3...4...5...6...7...8...9...10...

The population of the town of Dublin, OH is 40,000. The population of the campus of Penn State University is 40,000. 40,000 people dying in an earthquake or of AIDS gets our attention for sure.

Forty thousand.

Here is a little visual I put together to help you get your mind around that number. I venture that yes, there are enough people involved for this to qualify as a matter of public interest ... Maybe we could print this out and put it on our wall to remind us of why we are doing what we are doing. I encourage you to look all the way to the end.

Yes, I counted them. Heidi, this is your worst nightmare.

You want to know something? I think the number 40,000 is way too low. Think of all of the people who listened to her at Low Carb Friends for all of those years while she built her fantasy life and diet. Think of all of the people who read the Woman's World article and tried following her fraudulent advice without ever joining her site.

Think of how many people have been saved from her clutches because of the endless commitment of those who stand up in opposition to her. Imagine how may are at risk if we let her intimidate us into inaction.

Yes, Heidi. this is your worst nightmare. You just don't realize it yet.

History of SLAPPs and the SLAPPback

2008-10-30T15:02:00.003-05:00

A little mood music ....

John has shared a brief history of SLAPP lawsuits with us that has given me a desire to further explore the basis and workings of these types of actions.

We need to understand that the freedom to speak out against injustice was highly valued by our Founding Fathers. It was dissatisfaction with the crown, leading to rebellion that was one of the driving forces behind our independence.

Additionally, anonymous expression was practiced. The Federalist Papers, a series of 85 articles, published in various New York newspapers in the late 1700’s, were originally published under the pen name “Publius”. The authors of those documents – Alexander Hamilton, John Jay and James Madision – aimed to explain to the citizens of New York the newly drafted US Constitution, and to give insight into the intentions of the writers of the Constitution, inciting them to vote for acceptance of that Constitution.

During the Third Annual Pollution Law Conference held in Australia in 1991, participants were given a paper called “Legal Rights of Industry Against Conservationist” (Robert Jamieson and Ray Plibersek, `Legal Rights of Industry Against Conservationists', paper presented to Third Annual Pollution Law Conference, Sydney 28-29 October and Melbourne 30-31 October 1991.) They were told about tactics that were being used in the United States to intimidate or “chill-out” environmentalists. They were talking about using the judicial system (lawsuits) to scare people, or out spend them into ceasing the protests and another forms of dissent that were being used in attempts to dissuade the logging industry. Of course, our rights to free speech and petition, as well as assembly, are explicitly protected under the First Amendment, so they would list other grievances in these suits. Most often, defamation, conspiracy, nuisance, invasion of privacy or interference with business/economic expectancy are cited. Penelope Canan and George Pring, of the University of Denver, with funding from the US National Science Foundation had been studying these types of suits for several years, and are credited with labeling them “Strategic Lawsuits Against Public Participation”, or SLAPPs. The activists who were the targets of these suits we attempting to influence the government to take action in matters of public interest. SLAPPs were being filed against one side of a public debate against the other in an attempt to exact punishment, of sorts, on the opposition. What they were ultimately attempting to do was to bog people down in the legal process, effectively removing them from the debate.

Here is an encouraging statistic: Less than ten percent (10%) of these cases filed in the United States are won by the filer. Great news for us!

The bad news is – litigation is costly, both in dollars spent and in emotional energy. It takes time to defend yourself, even against frivolous lawsuits. One trial judge, quoted by Pring and Canan in 1993 said, “The conceptual thread that binds [SLAPPs] is that they are suits without substantial merit that are brought by private interests to "stop citizens from exercising their political rights or to punish them for having done so"...The longer the litigation can be stretched out, the more litigation that can be churned, the greater the expense that is inflicted and the closer the SLAPP filer moves to success. The purpose of such gamesmanship ranges from simple retribution for past activism to discouraging future activism.”

Being sued carries a stigma, and most of us stringently avoid allowing ourselves to be placed in such a situation. That is precisely what makes these types of suits effective. Employing the tactic of names “Does” and Roes” is equally effective in limiting the speech of those not directly named, as there is the inherent threat that any one speaking out can also be named.

In my thinking, another detrimental effect of a SLAPP is to tie up resources reacting to the SLAPP, detouring attention from the original case. In our situation, that simply means that John Tiedt, the attorney for the Class Action against Heidi Diaz/Kimkins must turn his attention from preparation of the pending class certification hearing to answering the SLAPP. I don’t for one moment buy into the idea that the timing of this just happens to coincide with the writing of the brief.

Why, we want to know, does the court allow this to happen? How can one party be allowed to derail the judicial process this way?

Well, quite simply, they can not. The danger of allowing these types of suits to proceed unchecked and without merit has been addressed in almost every state. In California specifically, the legislature had this to say: “The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly. (CCP, Sec 425.16 (a) )

The Legislature, recognizing that targets of SLAPPs needed relief, specifically laid out consequences for those who bring them. Note, there ARE instances where such suits are warranted, but the standard is very high, and the burden clearly lies with the plaintiff to prove their case. In fact, they must be able to convince the judge that they actually have a good chance of prevailing in the action to even be allowed to continue once their case is challenged.

So, the SLAPPback was defined. Section 425.18. (a) The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The Legislature further finds and declares that a SLAPPback cause of action should be treated differently, as provided in this section, from an ordinary malicious prosecution action because a SLAPPback is consistent with the Legislature's intent to protect the valid exercise of the constitutional rights of free speech and petition by its deterrent effect on SLAPP (strategic lawsuit against public participation) litigation and by its restoration of public confidence in participatory democracy.
This is how the California Anti-SLAPP Project explains the SLAPPback: “This statute was enacted primarily to facilitate SLAPP victims in recovering their damages through a SLAPPback (malicious prosecution action) against the SLAPP filers and their attorneys after the underlying SLAPP has been dismissed. It provides that the prevailing defendant attorney fee and immediate appeal provisions of the anti-SLAPP law do not apply to SLAPPbacks, and that an anti-SLAPP motion may not be filed against a SLAPPback by a party whose filing or maintenance of the prior cause of action from which the SLAPPback arises was illegal as a matter of law. (History of statute: 2005 — Assembly Bill 1158 (Lieber), signed into law Oct. 5, 2005 by the governor and effective immediately (as urgency legislation).)”

English, please!

Ok, here’s the skinny. Basically, if the court finds that Heidi and her attorney filed this counter suit with the intention to intimidate us or to distract John from the business of filing the brief – if they are unable to justify their actions – the court SHALL, not the court MAY, but SHALL require Heidi’s attorney to pay all the costs and attorney fees that we rack up to defend against this. The way I understand it, these would be called sanctions. And, any sanctions against an attorney that reach the $2000 threshold are reported to the California Bar Association. Not the sort of thing that any lawyer who practices in the State of California wants to have happen.

Sweet :)

We, of course, are not there yet. Heidi and her attorney still have the option to withdraw this thing. But the clock is ticking, and we all know how time flies when we are having fun.

Heidi, if you weren’t a pathological liar, and if you hadn’t decided all those years ago to create a fantasy you, and if you had just come clean way back when people started to realize you were full of it … well, we all know it really IS too late to take that back!

I won’t tell you what the next blog installment is a going to be about specifically, since I’ve proven to myself that my writing just doesn’t flow that way  But there will be a next installment. Keep watching!

(Sources: Sharon Beder, 'SLAPPs--Strategic Lawsuits Against Public Participation: Coming to a Controversy Near You', Current Affairs Bulletin, vol.72, no. 3, Oct/Nov 1995, pp.22-29.; California Anti-SLAPP Project; California Code of Civil Procedure)

Understanding SLAPP

2008-10-29T15:25:00.004-05:00

Heidi Diaz, WE WILL NOT GIVE UP THIS FIGHT!

Strategic Laws Against Public Participation
California Code of Civil Procedure, Section 425.16

Heidi Diaz, owner of the fraudulent diet website, Kimkins.con, has chosen to employ a legal tactic known as a SLAPP suit in an effort to intimidate those of us who are committed to seeing her held accountable for the fraud, lies and manipulations she has perpetrated on the Low Carb diet community for several years now. As the date approaches for the filing of the class certification brief and subsequent hearings she is frantically attempting to not only delay the court proceedings, but to silence her critics and detractors as well.

In light of that, I thought it would be beneficial for us to get a better understanding of what a SLAPP actually is, what it entails, who is targeted and how we defend against it. As you all know, the matter is presently in the very capable hands of John Tiedt, of the Law Offices of Tiedt & Hurd. If I may take just a moment, John, I know that I speak for us all when I say how grateful we are that you have taken up our cause. You are proving to be not only incredibly competent, but equally compassionate and understanding of our concerns and indignities. Jeanessa used incredibly wise judgment in choosing you!

Heidi is not breaking any legal ground in her filing of this counter suit. Others before us have been sued for speaking up on internet forums and blogs against those accused of business misconduct.

Read this information found on the California Anti-SLAPP Project website:
“SLAPPS are civil complaints or counterclaims (against either an individual or an organization) in which the alleged injury was the result of petitioning or free speech activities protected by the First Amendment of the U.S. Constitution. SLAPPs are often brought by corporations, real estate developers, or government officials and entities against individuals who oppose them on public issues. Typically, SLAPPs are based on ordinary civil tort claims such as defamation, conspiracy, and interference with prospective economic advantage.”

If you have read the court documents, which can be found at Riverside Courts Online, you will recognize that those claims are included in the litigation that Heidi is bringing against us.

The principal purpose in this case (this is true in the case of most SLAPP’s, btw) is to chill our debate on the matter of the fraudulent activities of Heidi Diaz and the Kimkins.con website. By chill, I mean she is trying to make us shut up. She wants us to become intimdated by the idea of being sued, and/or the idea of the cost of defending against being sued, to the point that we stop speaking in public about her and the lawsuit. It is through the public debate and criticism that multitudes of people are being spared the experience of being her victim, or from her way thinking, her clients. We are interfering with her ability to continue to perpetuate her fraud, and she wants us to stop.

As important as getting us to stop speaking out, is preventing others from joining their voices with ours. Our tendency in this country is to avoid controversy. We don’t want to be sued, and we particularly don’t want to be sued publically, for fear of the damage that we think might be done to our reputations and the reputations of our families. She is counting on that reaction.
We aren’t alone, btw. According to the California Anti-SLAPP Project website,” “Every year thousands of people are hit with SLAPPs for such activities as writing a letter to a newspaper, reporting misconduct by public officals, speaking at public meetings, filing complaints with officials over violations of labor laws or health and safety laws, "whistleblowing" in corporations, or organizing tenants.”
CyberSLAPPS, as they are called, are also becoming quite common. That is when members of message boards or blogs are SLAPPed. Read what the California Anti-SLAPP Project website has to say about CyberSLAPPs. It is quite interesting!
“Characteristics of Message Board SLAPPs
If a company is suing you for your online speech, you may have been SLAPPed. A message board SLAPP shares characteristics typical of SLAPPs:
• Defendants' Speech. The SLAPP is based on the defendants' free speech activity — online speech, in this case. The statement posted on the message board is generally the sole basis for the lawsuit.
• No Legal Merit. As a lawsuit, the SLAPP has no legal merit. It masquerades as an ordinary civil lawsuit, frequently based on claims such as defamation, breach of contract, and/or trade secret violations.
• Chilling Effect. The SLAPP has a "chilling effect." Rather than spend money on legal fees to fight the SLAPP, the defendants may find it easier to remain silent. The free give-and-take of discussion on the boards is also affected. Because users may fear being sued if they criticize the company, they may tone down their criticism or say nothing at all.
A message board SLAPP also has some characteristics that are not common to other SLAPPs:
• "Doe" Defendants. The lawsuit usually names the defendants as "John Does" or "Jane Does." Sometimes the complaint names the defendants by their screen names. While many other lawsuits include Does among the defendants, message boards SLAPPs generally name only Doe defendants.
• Destroying Anonymity. One of the first steps the plaintiff takes is the attempt to discover the identity of the Internet posters. Sometimes, that is the only step the plaintiff takes. The SLAPP complaint is often vague, and may not even quote the defendants' online statements, or even identify these statements by date or by post number.
Typically, the plaintiff attempts to subpoena records from the Internet service provider. Yahoo! has an enlightened policy regarding the privacy of its registered users: Yahoo! e-mails a notice to a user informing him or her that someone is seeking, through the courts, to discover the user's identity, and that Yahoo! will not act for 15 days, during which time the user may take legal action to try preserve his or her anonymity. Other service providers may not have such policies.
See the case of Doe v. Cahill in which the Supreme Court of Delaware on Oct. 5, 2005 reversed a lower court decision requiring an Internet service provider to disclose the identity of an anonymous blogger who targeted a local elected official. (News report: Court Rules in Favor of Anonymous Blogger)”

So, where does this leave all of us? Well, being sued, for one. We don’t have to be listed as one of the named defendants to be included in this. I’ve talked with John about this matter a couple of times now. We are at a wait and see point. California law is VERY specific about these particular points of law. I’m going to be blogging shortly (later tonight, hopefully) about the specifics of the statutes as well as the consequences for Heidi and her attorney when the court finds against them. If we get that far, that is. Her lawyer may well decide that he wishes to “take that back” while he still can.

John has repeatedly said that we are acting within our rights under the First Amendment of the United States Constitution. So long as we speak the truth, our speech is protected. So we don’t stop blogging. We don’t stop posting. We don’t stop digging to find where Heidi is promoting her diet, either directly or with the assistance of others. We keep contacting site owners, asking them to pull all ads that promote this scam, advising them that she is the current subject in a class action lawsuit. We keep sending information in to the Kimkins Case email account as we find new things.

We continue to ferret out and expose attempts by Heidi or others to intimidate or disparage those of us active in the fight against Heidi. If you receive any sort of contact from an unknown or anonymous person that seems “off” to you, please speak up! To date we have had one person receive a book based on inflammatory statements that had been made against her in a blog, others have been disparaged on another blog by comments from an anonymous poster, and one of those persons has been contacted via telephone attempting to arrange a face to face meeting with an unknown person. Please, please, please – do NOT destroy what could be evidence or ignore such actions taken against you. If we act quickly we increase our chances of determining who is behind these things. If they are simply innocent parties who wandered into all of this unsuspecting, then they can be wished well and sent on their way. But, if they are further attempts to intimidate the people in this case, those acts would be illegal.
(All quotes from the California Anti-SLAPP Project used with permission.)

For the time being, this blog, the Prudentia Blog, is going to be dedicated to the matter of the SLAPP suit and it’s progress. We will be looking at other cases that we may glean information and encouragement from.

If there are specific questions you would like to see addressed, please send them to PrudentiaBlog@aol.com and I will be happy to do the research, posting the answers for all of us to see. There will be no disclosing of strategic “secrets” here, but what information can be made public here will be.

Next Scheduled Topic: Our Right to Speak - Even Anonymously

The Tale of Three Posters

2008-10-24T22:17:00.006-05:00

"It was the best of times, it was the worst of times; it was the age of wisdom, it was the age of foolishness; it was the epoch of belief, it was the epoch of incredulity; it was the season of Light, it was the season of Darkness; it was the spring of hope, it was the winter of despair; we had everything before us, we had nothing before us; we were all going directly to Heaven, we were all going the other way." Charles Dickens, A Tale of Two Cities

Sorry, wrong story. But very apropos for Heidi I think.

This is a different story, however.

What do these three posters have in common? As we start in to this, please know that these quotes are all screen shot, and all claims that I will make have been checked, verified, and confirmed. These quotes date from 2004 until the present, and are not necessarily presented here in sequential order, though the sequence is fairly accurate.

Oh, and I will also add that this was a collaborative effort. My co-conspirators have requested that they remain unnamed for now, as they are working on wrapping up some other nice little packages.

Poster A: “My Hero has a face!!.. wow.. you are gorgeous .. thank you for all your wise words on here... as I have said many times before.. you were my inspiration.... 70 plus down... and moving on!...”

Poster B: “Great job on the weight loss! Now would it surprise you to know that I am pretending to be one of your little duckie friends on those threads? Try and guess which one.
I don’t think you can but if you do, I will admit to it to you.”

Poster C: “I have been following these threads for months and months. Never tried KK, I like food :) I did however, find this site through a search back in May or June. Stumbled upon KK, and the rest is many many hours of reading.

I follow Weight Watchers for now, because I was missing my fruits and lots of veges on Atkins. Love Atkins to death, just needed a change.”

Poster C: “I have been doing so much research on her since I stumbled upon these threads, that I am sure I have seen this picture posted somewhere before.

I am simply a very curious person, and this does intrigue me. Could be Jill, or could be Heidi.”

Poster C: “From my personal conversations via another board, I think she actually was one of Kimmer's personalities. ( Fawn that is)

AmyB, I would love to talk to you about some things, I will look for your email address on your blog. Thank you.”

Poster C: “I also noticed, she would be talking along totally out of the FAWN character, then realize that , and add in a few hugggiesssssssss etc. to bring FAWN back. It was bizarre at times.”

Poster B: “Jill, as for your comment on my all mighty diet guru, I have never thought that she was a diet guru, and never will. I liked the idea of lower fat low carb, and she was always gracious to me at LCF and at Kimkins. I have no beef with her at all, yet she is not a guru to me or anyone I know. “

Poster B: “You folks keep calling me a Kimmer supporter, like that is a bad word too. I believe I have said many times that I support the site, the plan and that she has always been gracious and kind to me, through PM’s and in posts. “

Poster B: “I am very much in support of him, and have told him that.”

Poster A: “Congrats Derek! You have done a fantastic job with your loss and have kept it off! You look GREAT!!”

Poster A can be found on LCF as well as on Kimkins.con.
Poster B can be found on 2Bigformysize’s blog.
Poster C can be found on LCF.

And they ALL share an identical IP address. That IP address isn't anything ambiguous, such as AOL or Comcast. They all belong to a well known facility in Missouri. I'll leave it like that. Like I said, this has been confirmed, checked and verified. Oh, this may pose a bit of a problem for Posters A and C, don’t you think?

Poster C, who posed as a like-minded individual on the FWK threads is also known as Ginastevens34.

Poster B, is, of course, DANA.

Poster A is, as may have already guessed, Deb294evr on Kimkins.con, as well as on Low Carb Friends.

If anyone has been trading PM’s with Gina, know that you have inadvertently been feeding a pipeline directly to Heidi.

Deb, I wonder just how Heidi feels reading some of the comments you made about her on the FWK threads as Gina? Think she likes the fact that you talked about her slipping in and out of her Fawn character? Think she likes the fact that you have made it clear that your loyalty is to her site, but not to her personally?

Think she likes the fact that you were really quite easy to track down? Think she might be wondering just who else we have identified?

Have a great month, Heidi. I’m sure we’ll be seeing YOU soon ;)

Duck Invasion?

2008-10-15T10:51:00.003-05:00

For those of you who have expressed your concern that the events of yesterday may cause me to stop blogging, I assure you, that won’t happen. Thank you for all of the encouragement and words of kindness, support and friendship.

Now, on with Duck Invasion?

Someone was sharing with me that there are a few souls at the new Camp Carbaway that are alarmed by the massive influx of Ducks into their presence. I certainly can’t speak for all the Ducks. I’m not the head Duck, the PR Duck, or even Duck Dutchess in waiting. But I do know many of the Ducks – including many of the Ducks now to be found at Camp.

Folks – we aren’t invading Camp. We’ve been there all along. We have read your posts. We may have even posted some ourselves. We have prayed for you in your illnesses and struggles. We have laughed with you when you tell jokes. AmyB used to beg me to come out at Camp. “Mrs. Leggs”, she would say, “come share this journey with me. We can talk about weight loss and families and all sorts of things.” And I always said no. I just didn’t believe it would be wise. I was concerned that it would make people feel uncomfortable or somehow betrayed. Then when someone else started demanding that people identify themselves, my little webbed feet anchored themselves into the silt at the bottom of the pond and I felt defiant. I hadn’t done anything to hurt any Camper. I hadn’t even blogged about Camp. Campers were never the enemy, though one was determined to continue to try to shoot us on site (pun intended). I also knew enough about that person to not believe her – she sounded like the old woman in the story of the Gingerbread House, enticing the children to come in.

When the forum change happened, AmyB asked me again if I would come over. I told her I would, but I want to be MomToEli now. Mrs. Leggs was being put into retirement. Just like you, many of us would like a place we can relax, talk about our weight loss journey, get support in that, and be free, even if only for a few minutes a day, of all the KK drama and investigation and lawsuit stuff. I hope you will take the time to get to know us. Overall, we really are a nice group of people – just like you.

This is an interesting week for me. I’m becoming a whole person again :)

Anyway, Campers, instead of an invasion, it is more like this ...

Who Am I?

2008-10-14T12:26:00.003-05:00

I am someone who is incredibly blessed.

I have an incredible husband, who loves me, supports me and accepts me. He is supporting the decision I have made today - one that I had concluded I was going to have to make at some point.

I have incredible children. And grandchildren. They give so much meaning to my life.

I have incredible friends, both in real life and online. Online friends are a special breed of friends. It takes a whole lot of work to get beyond the surface when you may never have heard their voice. It takes effort to hear people's hearts and to be able to tell by reading between the lines when they hurt (we are usually much freer with sharing joy than pain). It takes work to learn to understand people's communication styles - to know when they are joking, or when they are serious; to know when they are speaking their mind or biting their tongues. But these friendships are so, so worth it. There are friends I've made online that I will drop whatever I'm doing if they just need to talk.

Thank you, my dear, dear friends, for keeping my confidence all this time and allowing me to decide how to handle this.

So, for all the rest of my readers, who may not venture in to the Fascination with Kimmer thread today - let me introduce myself. I am MomToEli.

Maybe now the "hints" will stop. Be happy with knowing who I am and leave the other bloggers alone. You are NOT the judge of whether or not we should be anonymous. You simply haven't a clue what is at stake for any one of us.

Somehow, though, I suspect you aren't done yet.

There is Change in the Wind

2008-10-13T11:51:00.003-05:00

I am done with the Mayberryfan thing. Well, so long as she doesn't do any more of what she has been caught doing twice. But for now, I've said my peace. I've said what I think about the silence at LCF regarding her behavior. Thank you to the brave souls who had the courage to buck the masses over there and post openly. Don't misunderstand. I love most of the masses over there and would do just about anything for them. I just disagree with the concept that open challenges don't belong on that thread. In any event, I've been true to what I was called to do at the moment and I'm shifting my focus a bit.

The whole Heidi/Kimkins drama is ongoing, of course. But we could be here for years waiting for this to come to a resolution. Yes, I'll stay engaged in as much as I'll follow new trails where they lead. I'll dig and provide as John T requests. I'll keep my eyes wide open. I'm not abandoning the fight. I find myself, though, wishing that this blog were about more than just Heidi. I'm going to have to rewrite my bio. Make no mistake - I still am an ardent seeker of the truth. It is just a more basic Truth that I'm being drawn to seek and speak to.

I've really been thinking of the many people in this KK saga who are suffering. There are so many who have real illnesses. Many have real physical aliments. And many, many have emotional struggles related to eating and their weight. Are any of us really free from at least those emotional struggles?

I think about those moments when we feel all alone. Like no one in the world knows us, understands us, or even cares. We can all relate to that, but when we are in that moment we don't recognize that it is a common condition.

I'm in a Simon and Garfunkel sort of mood lately, so I'm going to treat you to another one of their songs. One that I hope is a sincere commitment to my friends in their times of darkness. I don't fancy myself as having any special powers to impart or anything like that. It is, though, one of my heart's desires to be consistently there for those who need me.

In my own mind's eye, I imagine Jesus Christ singing this song to me. He is, after all, the true Bridge Over Troubled Waters.

Disturb the Sound of Silence

2008-10-10T11:27:00.006-05:00

Silence is golden. Or is it? When a society stays silent in the face of wrong, bad things happen. Consider the Holocaust. Millions of people murdered. Billions turned a blind eye. If you asked those people if they agreed with the philosophies and actions of Adolf Hitler and the Third Reich, most would have said no. So, why did they stay silent? To keep their own peace. To keep the ugliness of what was happening there from spilling over into their space. They took the position that it wasn’t their fight. It wasn’t their business. They didn’t want to hear about it, and they certainly felt no responsibility to stop it.

Oh, they vow NOW never to forget. They vow NOW never again. But it is simply too late for those millions of people who paid with their lives – slow and painful deaths in many cases – who watched as their loved ones died, while people remained silent.

Silence in the face of wrong behavior is detrimental on much smaller scales, as well. Consider the matter of incest, or if that offends our senses, an alcoholic parent, someone in a family suffering from an eating disorder, or perhaps someone with a violent temper. There is a stated or unstated agreement that this is private family business and not to be spoken of in public. Too often, though, it also isn’t talked about in private, within the family. The offended feels invalidated, while the offender feels empowered. There are no consequences for their behavior, so why should they not continue? Those who are remiss to speak out actually enable the behavior by creating an environment where these actions can continue. And so they do continue. The consequences play out in the lives of the individuals involved in a variety of ways. The directly offended may become isolated and withdrawn, develop their own inappropriate behaviors as a way of coping or lashing out, or, at the least, it may hinder their ability to develop healthy relationships outside the bounds of the walls holding in their pain. The bystanders don’t learn proper coping skills. They often feel guilt for not intervening, but may not feel that guilt or express their remorse until the situation has spiraled out of control for either the offended or the offender – or both. They wait until they no longer have the ability to do anything about the situation. Ironically, they also often become champions for outside causes, defenders of the underdog, or those unable to speak for themselves, even becoming involved in preventing the same behavior that has found residence within their own family. The offender, not having learned that certain behaviors are unacceptable will continue, often escalating thus giving themselves even more grandiose feelings of power – both imaginary and real, as they master the art of manipulation utilizing their weapon of choice. In the case of eating disorders and other self destructive behaviors, the consequences for the offender can be life long struggles and ultimately early death.

Silence can also be destructive to other types of group dynamics. Consider these quotes from Eviatar Zerubavel in his book, The Elephant in the Room:

“Silence, as the saying goes, is consent. By remaining silent about wrong behavior we normalize it, essentially enhancing its perpetuation by implicitly encouraging potential offenders to regard it as morally acceptable.”

“By enabling such collective denial, conspiracies of silence prevent us from confronting, and consequently solving, our problems…”

“Co-ignoring the elephant in the room requires a major collaborative effort on everyone’s part and is therefore socially exhausting. Not surprisingly, it can also generate a lot of tension. Indeed, the thicker the silence, the deeper the tension that builds around it.”

“Thus, ironically, partly in an effort to preserve group solidarity, conspiracies of silence often undermine that very solidarity by impending the development of honest, trusting relations that presupposes open communication. Indeed, in an attempt to “protect” groups, they often make them become somewhat dysfunctional.”

Hmm. The elephant in the room …

A perfect analogy for what is – or rather what is not happening in the anti-KK community right now. There is a member of that group who has once again contacted others with the intent of riling emotions and stirring up discontent directed at one or more other members of the group. It has been brought to our attention. It has been documented and her behavior has been publicly challenged. Yet the group remains silent, ignoring the elephant in the room. It certainly isn’t a lack of awareness. The hundreds of hits to my blog attest to the that. Solidarity is being damaged, not by the open charge of misconduct as some would claim, rather by a willingness to sacrifice that solidarity and trust by allowing this misconduct to continue unchecked and without confrontation.

It is like hearing the banging of the headboard and muffled cries behind the closed door, yet rolling over in your own bed, burying your head in the pillow to muffle the sounds so you can get to sleep, undisturbed.

Honestly, I simply don’t understand this. It really seems that people are willing to sacrifice the one (or the few) in order to keep peace in their own little space. What happens when they come for you?

Yucky, I feel so very bad that you seem to have been deemed to be an acceptable target. You say it doesn’t matter, but I know better. It matters, because YOU matter.

Silence like a cancer grows …

(edited to add: You, as an individual, know if this applies to you. If it doesn't, it doesn't. If you aren't sure, ask an objective friend.)

Same Song, Second Verse, A Little Bit Louder and A Little Bit Worse

2008-10-09T08:23:00.002-05:00

What a fun camp song that is ... Same song, second verse ... a little bit louder and a little bit worse. Not so fun in this instance, though.

Remember this post? I truly thought that Mayberryfan had learned and grown from that experience. I thought wrong.

I would like to challenge this statement you made, Mayberryfan, on the Fascination with Kimmer thread at Low Carb Friends:
"I decided to poke a little fun at my blog because this fiasco reminds me of someone we all know. However, I didn't accuse anyone."

First of all, I hardly call your blog post "poking a little fun". I'm really sure that the comment you posted to that same post - you know, the one addressed to Ellen - was not meant as fun at all. You know the one where she said she didn't understand the double talk and innuendo. To refresh your memory, here is your reply in its entirety: "I suspect you're well aware of what's going on, "ellen". In any case, we can agree on one thing - this is worse than high school.

May I suggest you get your head out of your locker, then and keep up?"

I take it you didn't believe her name is Ellen. That wasn't just poking a little fun, was it.

Before I cover this next point, I'd like to address Jo. Jo, I hear you are unhappy with having your name attached to any of this. I will say in going back and reading the sequence of the posts on the FWK thread that you were the first to respond to Jill with a comment assuring her "we" knew it wasn't her. For the record, the only reason I mentioned you at all was that you were, in fact, the first person to reassure Jill that "we" knew she hadn't done it. I also allowed my past experiences to color my judgment. In fairness to you, there is no reason for me or anyone else to draw the conclusion that you were speaking for anyone other than yourself, nor attribute any more or any less meaning to that statement than can be attributed to most of those who penned similar sentiments. I sincerely apologize for making an inference that has no basis in fact.

I do, however, want to address the complaint that has been passed on to me that you resent being associated with trouble, particularly trouble that involves YustYucky. There are reasons for that, and one of those reasons is as Mayberryfan stated: guilt by association. It is true that we are known by the company we keep. I could say more about this, but I will only say that Jo, from this preachy blogger's point of view, if you don't want to be associated with attempting to stir up trouble, refrain from making disparaging remarks about people to others. The Internet walls have ears and those remarks have a way of coming full circle.

Speaking of making disparaging remarks, back to Mayberryfan. The second part of your statement, "However, I didn't accuse anyone." deserves a closer look. I guess the best way I can say this is you are, my dear, a liar.

Did you or did you not say the words, "When I first saw the controversy, I knew Yucky had done this and so did the other LCF'ers who gather at my forum. NO DOUBT. " (See that guilt by association thing, Jo?)

Like I said - same song, second verse. A little bit louder and a little bit worse.

Do I think you were the original anonymous poster on Nancy's blog? Don't know. Do I believe you were the anonymous poster who claimed to be a "paid sleuth"? Don't know that either - but whoever that is would be working for Heidi. She's the only one hiring. At the very least you have made a very concerted effort to arouse the passions of the anti-KK community against Yucky. After what you tried to pull with Trista, and after finding you doing the very same thing in this instance, I would not be the least bit surprised to discover that you have orchestrated this entire charade. What I am surprised about is how deft you are at pulling this bs behind the scenes while loudly declaring your innocence out for all to hear.

Let's hope there isn't Same song, third verse ...

This One's for You, NancyElle!

2008-10-06T08:16:00.002-05:00

Just thought we could use a reminder ... a blast from the past from your blog. Here is the link.

Here is a little list you included there:

1. Aspire to be Barbie - the bitch has everything.

2. If the shoe fits - buy one in every color.

3. Take life with a pinch of salt... A wedge of lime, and a shot of tequila.

4. In need of a support group? - Cocktail hour with the girls! Cosmos anyone?

5. Go on the 30 day diet. (I'm on it and so far I've lost 15 days).

6. When life gets you down - just put on your big girl panties and deal with it.

7. Let your greatest fear be that there is no PMS and this is just your personality.

8. I know I'm in my own little world, but it's ok. They know me here.

9. Lead me not into temptation, I can find it myself.

10. Don't get your knickers in a knot, it solves nothing; and makes you walk funny.

11. When life gives you lemons in 2008 - turn it into lemonade then mix it with vodka. Lemondrop anyone?

12. Remember every good-looking, sweet, single male is someone else's ex-boyfriend or ex-husband!

I have too many favorites on that list to pick just one :) Hope it puts a smile on your face today.

A Strange Encounter

2008-10-04T22:10:00.003-05:00

It seems there is a mysterious underground plot being played out amongst the players in the anti-KK community. An anonymous poster has attacked, without provocation, seemingly one of their own.

My mind works in steps, so let me step through this.

First consider NancyElle – the victim. She is an unlikely victim by all appearances. She is not controversial. An anti-KK personality, for sure, but not an ardent anti-KK blogger. Not a prolific poster. I have to confess that I don’t read her blog routinely. I really don’t read any blogs routinely. And I haven’t been to hers for some time until this commotion. Her blog centers around good food and her love of music – particularly that of Jackson Browne. Nothing there to raise an eyebrow. So why was she attacked? Supposedly because she used an affiliate link to an internet rebate program website. Honestly, I’ve never seen her comment one way or another on making a few pennies from an affiliate link, so would not even begin to know enough to call her a hypocrite for doing so. But come on. Does this make any sense to anyone?

No, I didn’t think so. But, I will come back to the question of motive later on. For now, let’s move on to the suspect.

Our dear friend Anonymous has struck again. Brings to mind that character known to every parent. You know – I Don’t Know. Or maybe you are more familiar with his cousin, Not Me. Let’s not confuse Anonymous with screennames. After all, most of us DO post anonymously as in we don’t use our real names on the internet. We do that for a wide variety of reasons. No, Anonymous is more sinister than that. This person wants to make comments that can be affixed to any number of people. Generally it is because they don’t want to accept the responsibility for their words. Or they want to cast a shadow over others.

In this instance, for reasons known only to NancyElle and a handful of others (not the larger anti-KK community, though) the focus seems to be fixed on one person. Hints are being dropped. Is it MissMerize, aka AvenueGirl? She is the one associated with cigarettes and martinis, after all. She insists it isn’t her. And the more her denials are met with silence, the more impassioned her denials become. Interestingly enough, NancyElle has not cleared MissM. She HAS cleared Heidi, though. This is after all of the support popped up for MissM and Heidi was fingered as a likely suspect. So why, Nancy, if you DO know who is behind this have you NOT cleared MissM? I’m not aware of any conflicts that MissM has had with ANY of the anti-KK community, let alone Nancy. Of course, she could have and it could have sailed right passed me.

Now, if NancyElle hasn’t had any mix-ups with anyone, why would she be targeted? Thinking out loud here … how about to cast dispersions onto another party? Someone who, if they were to pick on someone as likable and innocent as Nancy would raise the ire of just about everyone. Someone that others might have a grudge against. Someone that others could claim makes a habit of this sort of thing. Hmm. A real target, if you will. If we accept that premise, what clues do we have to that person's identity?

The first obvious target is MissM. Who would be upset with her? Well, Heidi Diaz is the obvious one. The past few days MissM has turned her attention full focus on the lying liar who lies. She for sure would have a real reason for wanting to discredit her as well as embroil her into an unrelated controversy. But NancyElle has very deliberately cleared Heidi Diaz. Scratch MissM off the list.

Other clues have been dropped for us. Let’s look at the comments that followed Nancy’s announcement that she was done. The first few were confused condolences. One poster questioned just how Nancy knew who the poster was, as implied on her blog, when the post was made anonymously. That is a fair question certainly. Anyone who is going to attack that way and use the moniker Anonymous would certainly know how to use a proxy to hide their IP thus making their identity truly unknown. All of the bloggers understand stat counters and trackers. I’ve yet to see an answer to that very important question, even though it has been presented twice now.

Then we have an unsolicited denial with a note that it is understandable why someone would be upset with the whole affiliate link thing.

MissM enters in and declares her innocence. She actually connects the dots to herself, realizing that she is being painted as the villain. Lots of folks come to her defense, but not NancyElle.

One poster opines that NancyElle is a likely choice if Anonymous is Heidi. That argument could also explain why NancyElle was used if it is NOT Heidi, but I’ll get around to that in a bit.

Now things start to get interesting. A LCF regular, Mayberryfan, posts making it very clear that she believes she knows who the real suspect is. And then – who is this? Morgan? Hi, Morgan. Apparently you, too, believe you know who did this. And Vox. And Jo – who is the only one of those “in the know” to state clearly to MissM that they KNOW it isn’t her. Mayberryfan drops a hint that the real anonymous is intentionally setting MissM up.

What do all of these people have in common? Well, besides being involved, side by side with the rest of us in the anti-KK fight. They all have had a run in with another blogger – YustYucky. And in some cases, at least two other bloggers.

Do we have motive? I’m not saying one way or another. Just following the clues. But I will say this, and I want to say it just as clearly as I can.

Folks need to be very careful about charges being flung around. The KK Scam has educated a whole lot of people to the ways of the Internet. If you are wrong, you will rue the day. The fact that you have already cast aspersions on the character of MissMerize, aka AvenueGirl will be cause for a lot of distress for you. Be very careful which pile you step in next.

Hey Heidi - I Have A Question

2008-09-28T22:23:00.003-05:00

I'm just wondering - in case I'm one of the 100 - who is it I'm supposed to be working for, cause, well, since they haven't paid me, they owe me some money. Maybe I could sue them for back pay. ;)

You remind me of the Big Bad Wolf in the story, The Three Little Pigs. You huff and you puff. Just remember who wins in the end ... and it isn't the Big Bad Wolf.

You are still a fraud. You still mislead people. You still fraudulently promote your website. You still have no medical credentials. You still advocate an unhealthy way of dieting. In short - you are still a lying liar who lies. The fact that you state in your counter suit that you have addressed and remedied these issues is proof that you are still lying.

Heidi, if you haven't figured it out, we're not scared. The truth is on our side. We haven't lied to anyone or about anyone. YOU made you famous - or should I say infamous. YOU brought your enterprise to the brink of collapse. Will I continue to do my part to help it take that last little step? You bet I will. When I see an ad from you that states clearly that you are a morbidly obese woman handing out diet advice, THEN I'll agree you have stopped advertising falsely. As of this moment there are only two ways someone can know that. One, by ponying up the bucks and joining your site. Or, secondly, by reading the blogs. I pray they do the latter as the former simply parts them with their money and lines your pockets.

Want to hear a funny? While I was talking to my good friend AmyB about your little lawsuit, her first response was that it was time to post the rest of the pictures! You remember those, don't you, Heidi? The ones that were taken in a public place - sort of like you are some sort of celebrity. Hey - now you and Beyonce REALLY have something in common, eh?

Build It and They Will Come

2008-09-05T19:33:00.003-05:00

This is one of the many mass emails that hit my mailbox daily (or so it seems). Most I simply delete. Then there are those that I want to send to everyone I know. Every once in awhile I get one I want to share with the world! This is one of those :)

Forwarded to me by one of my favorite aunts - thanks, Aunt Penny!

A family that lives on the outskirts of Anchorage , Alaska decided to build a sturdy, colorful playground for their 3 and 4 year old sons. They lined the bottom with smooth-stone gravel all around to avoid knee scrapes and other injuries. They finished building it one Friday evening and were very pleased with the end product.

The following morning, the mom was about to wake up the boys and have them go out to play in their new play center. This is what she saw from the upstairs window:

This gives a whole new meaning to 'If you build it, they will come!'

AmyB - Unconventional Sply

2008-08-29T09:18:00.002-05:00

If you are missing the tales of AmyB the spy on her blog, you can say you are really missing something! Go check it out! Be sure to start at the beginning!

This all reminds me of one of my favorite detectives. Amy, if you had done some of the things you thought about, you might have had to face this man.

Why AmyB ... who'da thunk it?

2008-08-27T22:52:00.004-05:00

See, I've known for a long, long time that you know how to keep secrets. Lord knows we have tons of secrets, don't we? I'm just so excited that you finally get to share this one! One day we will be able to tell them all.

Hey, maybe you have advanced the idea that just because one can't see or know what is going on behind the scenes doesn't mean that nothing is. Sometimes we can't tell and can't tell why we can't tell. And sometimes it about kills us not to! LOL

High fives, girlfriend!

Laminin

2008-08-05T15:07:00.003-05:00

Like most other folks who have an email account, I get for many different things forwarded to me. In that mass of information, which ranges from totally obnoxious to highly interesting, there will occassionally rise something that I simply want to share with everyone I know. This message is one of them, so I have decided to share it here.

As you reflect on this, I hope that it speaks to your heart of the greatness of God. I would encourage us all to reflect for a moment on the reality that one day - for some sooner, for others later, but for all eventually - we will each, individually, stand before this God and will be made to make an accounting of our lives. Do I want to be judged for the good things and bad things I have done? Or do I choose to be judged through the shed blood of Jesus Christ?

Here is what arrived in my mailbox:

A couple of days ago I was running (I use that term very loosely) on my treadmill, watching a DVD sermon by Louie Giglio...and I was BLOWN AWAY! I want to share what I learned....but I fear not being able to convey it as well as I want. I will share anyway.

He (Louie) was talking about how inconceivably BIG our God is...how He spoke the universe into being...how He breathes stars out of His mouth that are huge raging balls of fire...etc. etc. Then He went on to speak of how this star-breathing, universe creating God ALSO knitted our human bodies together with amazing detail and wonder. At this point I am LOVING it (fascinating from a medical standpoint, you know.) .....and I was remembering how I was constantly amazed during medical school as I learned more and more about God's handiwork. I remember so many times thinking....'How can ANYONE deny that a Creator did all of this???'

Louie went on to talk about how we can trust that the God who created all this, also has the power to hold it all together when things seem to be falling apart...how our loving Creator is also our sustainer.

And then I lost my breath. And it wasn't because I was running my treadmill, either!!! It was because he started talking about laminin. I knew about laminin. Here is how wikipedia describes them :'Laminins are a family of proteins that are an integral part of the structural scaffolding of basement membranes in almost every animal tissue.' You see....laminins are what hold us together....LITERALLY. They are cell adhesion molecules. They are what holds one cell of our bodies to the next
cell. Without them, we would literally fall apart. And I knew all this already. But what I didn't know is what laminin LOOKED LIKE.

But now I do. And I have thought about it a thousand times since (already)....
Here is what the structure of laminin looks like...AND THIS IS NOT a 'Christian portrayal' of it....if you
look up laminin in any scientific/medical piece of literature, this is what you will see...

Now tell me that our God is not the coolest!!! Amazing. The glue that holds us together....ALL of us....is in the shape of the cross. Immediately Colossians 1:15-17 comes to mind.'He is the image of the invisible God, the firstborn over all creation. For by him all things were created; things in heaven and on earth , visible and invisible,whether thrones or powers or rulers or authorities; all things were created by him and for him. He is before all things, And in him all things HOLD TOGETHER. 'Colossians 1:15-17

Call me crazy. I just think that is very, very, very cool. Thousands of years before the world knew anything about laminin, Paul penned those words. And now we
see that from a very LITERAL standpoint, we are held together...one cell to another....by the cross.

You would never in a quadrillion years convince me that is anything other than the mark of a Creator who knew EXACTLY what laminin 'glue' would look like long before Adam even breathed his first breath!!
We praise YOU, Lord!!!!!!!!!!!!!!!!!!

.......................

So, my friends, I find this so incredible to think about. I just wanted you to think about it, too.

A Message for Mayberryfan … Imagine

2008-07-25T23:39:00.004-05:00

Sigh. I have intentionally ignored this entire situation because it just hasn’t been worthy of a response, nor worthy of the time it takes away from the real things I have going on. But, alas, now I must respond.

Imagine, if you would, a certain lawsuit principal receiving a private message asking her if she was aware of how her ex-husband happened to stick his nose into the whole KK mess, and how she would be very unhappy if she did know.

Now, imagine that principal receiving an email telling her that this blogger, as well as the Yucky blogger and the Medusa blogger had actually initiated contact with that same ex-husband while investigating HER (the principal). Imagine, just for a moment, that principal did not know this blogger he had dialoged with nor was she fully aware of all contacts this blogger had with her ex-husband in real-time. Imagine all she knew was that he tried to intimidate her and manipulate the people in this matter to meet his own ends. Imagine that lawsuit principal being told that this same ex-husband, whom at one time she actually feared, had likely been given personal information about her by these bloggers.

Imagine that this lawsuit principal had not been aware of her ex-husband’s real agenda in the whole affair, and imagine that her legal business with him had not come to the conclusion they both had sought and that the door to her relationship with him had not been closed forever. Imagine that he still wants something from her.

Can you imagine the fear that could potentially have gripped her heart? Can you imagine the angst and anger that would have boiled up in her, directed at these three bloggers who had intentionally contacted this man who held such a painful position in her past? Can you imagine how that fear might have driven her into hiding - and right OUT of the lawsuit?

Luckily for this particular lawsuit principal she DOES know this blogger. She DOES know all of the circumstances surrounding her ex-husband’s interjection into this whole affair. She is NOT any longer afraid of him. And she also knows that the lead attorney in the class action lawsuit of which she is a principal was fully apprised of the situation AS IT UNFOLDED, including the true identity of the blogger involved.

Mayberryfan, enough is enough. The fact you involved an innocent party in your vendetta speaks volumes about you. When you posted on various message boards, impersonating Kimmer, you likely crossed a legal line. This time you are really close to intimidating a witness. I HAVE the emails you sent to this particular lawsuit principal. I also have her replies. Other lawsuit principals have been alerted to this tactic that you now seem intent on employing. Your lies and manipulations are going to do nothing but continue to backfire on you. Your reputation is shot. Do you really believe anyone can trust you after what you have done, and continue to do? If they do, they certainly do so at their own risk. You not only tried to scare the wits out of this particular principal, you told bold face lies in your attempt to do so. I must say, reading that email made me immediately think of Heidi and how she so coolly and easily twists the truth and outright fabricates scenarios to suit her purpose.

You didn't lie? Well, here are just a few examples, all of which you can find in your own copies of those emails:

You have NOT left the Fascinated board. You log on there almost every single day.

The matter of Yucky’s blog post and conversations with Christin on her blog - that was not the result of any great investigation. It was a matter of public knowledge. On top of that, it wasn’t Christin’s fundraiser, it was Jimmy Moore’s for her benefit. And she wasn’t trying to put together the cruise. She was promoting the cruise that IS going to happen, btw (for more information, please check here.

Martina’s Martini showed up on the scene before any of us on LCF or anywhere for that matter were even aware this lawsuit principal HAD an ex-husband. Lucky for me this has all been established unequivocally. In fact, I learned who Martina’s Martini was from John T, via one of the other lawsuit principals. Too bad you didn’t believe Kat. She told you the truth. I guess she must be part of this big reckless pursuit of anyone even remotely connected to the Kimkins scandal, as you say.

You couldn’t possibly be referring to your own public treatment and ‘investigation” into the Luper family, or Sam Redman, could you? Oh, of course not. Calling people scammers and pedophiles without anything to substantiate those claims doesn’t count, right? There are others. Would you like me to point you to your own comments to prove my point?

The disagreement I had with you had nothing to do with Martina’s Martini showing up on the scene. It had to do with your public chastising of Yucky for her questioning of Christin and her motives - long after Martina’s Martini had faded into distant memory. It had to do with you being a hypocrite. It had to do with the fact that you have shouted down countless people on the FWK threads, you have slandered people way beyond the scope of any “investigation” or legitimate questioning as to whether they have any connection to the KK matter. And yet you had the unmitigated gall to call out Yucky for asking sincere questions. Those questions, by the way, lead to REAL dialog and a true friendship being forged between her and Christin. That must just torment you.

In fact, the big brouhaha, as you called it, that you “left” Fascinated over had to do with a post that you swear I plagiarized of someone you happen to call a friend (who’s pleas to let this drop you have simply refused to honor, in true friend fashion of course). Do you not see the hypocrisy, once again? The post that I “stole” was “stolen” from Kimkins.con. It wasn’t your friend’s, nor her “mole’s” property to start with. So you have been busy trying to discredit me for stealing stolen material. I’m not real sure why you don’t GET THAT. Oh, and the little so many hours and minutes ago tags at the top of those posts? They are put there by the Kimkins.con server, not your friend. And for the record, your friend NEVER attempted to contact me in regards to this matter. Nor did anyone else, for that matter. Your cryptic comment on my blog was just too clever. I didn’t get it.

You seem to reserve your ire over “copying” material for special circumstances, eh? Only those cases that don’t involve one of your favorite personalities. To quote someone I read recently, “Geez, there are some real nit-pickers in this world.” Oh, I guess that was you.

Oh, and I can’t speak for Medusa or Yucky, but I’ll tell you what I told Sam Redman. I’m not interested in writing a book about all this, though I do think it would be an interesting read.

You want to expose my identity? Go for it. If it is all that important to you, try. Of course, you will have to prove it, too. And Lord help you if you are wrong. But before you do, ask yourself this question: Just who, besides Heidi, would benefit from knowing that information? If helping Heidi doesn’t matter to you - or is your goal - then you just go for it.

Whose side are you on in this matter, anyway? From where I sit, it looks like you are on YOUR side.

For the sake of this lawsuit - STOP.

Heidi Diaz, Don't You Get It Yet?

2008-06-30T09:50:00.003-05:00

Heidi, you have been given so many, many opportunities to DO THE RIGHT THING. Why will you not step up to the plate and simply DO IT. I'm sure now the excuse will be the lawsuit - you have proven over and over again that YOUR skin is more valuable than anyone else's.

Wait. Where have I heard that before? Just recently, too ...

Regardless, this has been posted recently on your site and has been posted elsewhere on the Internet:

2 Weeks, 2 Days ago:

Ok Ladies
I am having a hard time getting back on track.. I am having a hard time accepting compliments... I love to hear them but my brain is working overload on me.. I was in the 190's several weeks ago and now I am back up to 210.. I need to get back on track.. I so want to lose the weight.. but my brain is telling me something different... I am going to try today to get back on track...
XXXX- Sometimes it takes me awhile to get back into Ketios too.. You will get there... Hang in there..

XXXXX- Sorry what kind of surgery are you having? My mind is in a fog right now..lol
Yesterday:

Saw my heart doctor on Wed and had dizzy spell in his office.. He said I was skipping heart beats.. Did a ekg and my heart is fine... I still have no engery, fatiqued etc... He said he will keep on and keep looking as to why I am having some of these problems.. Other stuff is going on with my body.. I said I have had some of these problems for years and doctors would just do so much and then quit looking as to why I have these problems.. He said he wasnt quiting and will find out why.. He thinks its my thyroid or my adrenal glands are not working right.. I have alot of the sypotoms of them.. My sister had her thyroid taken out this past wed.. She is doing good..

I am back on plan today...and need to stay on plan no matter what.. I am back up to 220... I need to get that willpower back that I had when I started Kimkins almost a year ago next month...

This woman has apparently lost a significant amount of weight already following Kimkins. There have been many, many people who have left YOUR site, Heidi Diaz, with the same exact set of symptoms. Whether this woman has had these issues in the past or not is irrelevant. We all know that YOUR diet at the least exasperates these symptoms.

Dear sweet dieter, if you are reading here, please, please tell your doctor exactly what you ate and HOW MUCH you ate to lose your weight. You are in very serious danger here, and the person you are trusting to lead your through your diet journey could CARE LESS. Certainly not enough to advise you to stop immediately.

Others in the ex-KK community who have experienced similar symptoms, I pray that you will chime in here as well as find a way to reach out to this person.

How So Many People?

2008-05-24T11:16:00.002-05:00

A long time poster on the Low Carb Friends message board wrote a very moving and heartfelt statement regarding her own journey into the disaster of Kimkins, to which another person posted this question:

“How many people did she do this to?”

That is a question that so many have toyed with. It is often coupled with another question: Why would so many people allow her to do this to them? Please hear me out as my statement may not resonate well with some of you, but hopefully by the conclusion of this post I will have clarified myself enough that you will at least consider what I’m saying.

I don't think SHE did that to anyone. I think most of us who are overweight have thoughts of "what if I just ..." on a pretty regular basis.

What SHE DID was she played on those thoughts and encouraged people to act on them. She pretended that she had done just that, that it had netted her fabulous results without negative consequences. She presented information with confidence which gave her credibility. When people would start to act on that thinking and would eventually start to have negative reactions (SNATT, fatigue, heart palpitations, hair loss, etc.) she would either convince them that those things were normal, short lived and without lasting consequences or - and the or is important here - or that they were experiencing those things because they were somehow not doing it “good enough”. Not counting perfectly, too big a finger pinch of lettuce or whatever. In many diet programs you are told to be sure to measure peanut butter, fat-free mayo or salad dressing by using a knife to remove any "extra" that might be mounded up. So, what she said wasn't all that foreign, just was taken to extremes. She also started with portions that are smaller than what our bodies need to thrive. Thanks to a movement in the prepared food industry – restaurants and fast food eating places in particular – to increase our consumption, we have long ago lost sight of what IS a proper portion. We just know that what we eat now is too much.

Enough of those extremes added together and you have problems. Couple that with, of course, advice leading to laxative use/abuse, suggestions to misuse Retin-A, and other devious instructions and you have a virtual Molotov cocktail in your hands.

Evil does that - it takes our human frailties and desires, targets those, massages them until they feel good, then drags us deeper and deeper into dangerous waters, sort of like the whole frog in boiling water thing. In that example you can place a frog in pan full of cool water, slowly bringing the water to the boiling point. The frog will acclimate himself to the increased water temperature, eventually cooking to death in the process, all the while oblivious to the danger he was in. While the frog had the ability to escape danger – he could hop out of the pan – he hadn’t the mind too.

The same can and does happen when it comes to things like marital fidelity, prosperity gospel, violence in television programming, music and video games, etc.

All through Scripture we are compared to sheep. What does that mean for us? How is it relevant to THIS conversation?

Well, sheep are very social creatures. They don’t like being alone. They will go wherever their group goes without question because staying together is quite important to them. An entire herd of sheep have been known to do things like walk into a raging river, because the sheep bringing up the rear would rather be in a dangerous spot with their friends than to stop and risk being alone. In fact, those rear sheep are totally unaware of the fact they are walking into danger at all, because they don’t recognize that those who have gone ahead of them are already beyond saving.

Sheep stray easily. They may become so enticed by scrumptious looking plants at the bottom of a ravine that they will work very hard to get down to it to eat it, then stand there wondering (but not particularly stressing at first) how to get back out because they have no sense of direction. They don’t know how they got there, how to get out or where they should be instead!

Sheep are dumb. They can’t be trained to do anything. Now, as people we CAN be trained, either by God, by others or by ourselves. But we still are really good at making poor choices. We reason our way into messes. We are easily seduced because we believe the three basic lies that were told way back in the Garden: 1. God didn’t really say that. 2. If God did really say that, that’s not what He really meant. 3. If God did say that, and did really mean that then God can’t be trusted – He’s just trying to keep you from something good and enjoyable. (Read Genesis 3:1-7) We learn to believe those lies at a very young age, by the way, and while we may TELL ourselves that we don’t believe them any more, our actions and choices prove otherwise.

All of this to say that it is our basic human nature that makes us susceptible to people like Heidi Diaz. It is my opinion that she is evil personified, driven by her own lust for power and her own lack of self esteem, lacking in remorse or conscious. Thankfully she is not the norm in our society. Sadly, and dangerous to the rest of us, she draws to herself others of like mind, who may not be as skilled as she is, but who find the illusion of power they get from being her cohort intoxicating. What they don’t realize is that they are merely tools to her, and quite disposable when they no longer serve her purpose. Perhaps they become her sacrificial lambs in her quest to save herself. She will have them undertake the tasks to risky for her to take, making them the targets of outrage and perhaps liability.

How do we defend ourselves against people like Heidi Diaz? I don’t know that we can 100%. By staying solidly within the reach of our Shepherd is the best protection I know of. Even at that, though, evil can and does entice us, by fooling us into believing that our Shepherd is the one who led us there. Learning His voice is vital. I firmly believe that is one reason we have been given written revelation – The Bible- so that we can test things against an unchanging voice that isn’t as easily manipulated as our inner voice.

The only other thing we can do is learn our lessons as best we can, do our best to stop each such person as we become aware of them, and warn others as much as they are willing to listen.

Until next time ….

Will the real CrispyBread please stand up!

2008-05-21T12:37:00.008-05:00

“Oh what a tangled web we weave, When first we practice to deceive” – Sir Walter Scott

Funny thing about webs--they have a beginning and they have an end. Regardless of how much of a mess they may appear, with enough patience one can always follow each thread back to its beginning.

The identity of CrispyBread has been positively confirmed.

And the winner is ..... Gary Fontaine!

Many a mystery is solved through a chance encounter or a chance word when combined with deliberate, methodical thought. That is precisely what leads to the demise of CrispyBread.

TRUTH and I were talking one day, musing over the many machinations of CrispyBread when suddenly I realized that a particular pattern of thought was ringing a bell. These rants about how the ducks are so worried about the few thousand at Kimkins when the real enemy is the government – they sounded so familiar to me. Well, it took very little to confirm that as the battle cry of none other than Gary—lasttime4me—or Mr. Argyle as he is known to some.

Here he is at Low Carb Friends:
You ladies are trying to save a few thousand individuals because they purchased a diet plan online? Why don't you take your energy in suing the government that showed you how to get fat in the first place by eating 8-12 servings of complex carbohydrates each day, adding HFCS to your foods and to eat a low fat diet. This is a bigger scam. Now that would be a lawsuit and you will be able to save generations not just a few thousand ladies from a lady who lied a few times.

This is CrispyBread responding to a post right here on this blog:
All anti-kimkims bloggers should really be concentrating all their anger toward the U.S. Government for publishing a false food pyramid decades ago. They are the real scammers not Kimmer. We believed the government and ate low fat with high carbs and look at where the Nation is now......OVERWEIGHT. Millions of peoples lives have been ruined because of our government. Go help them and not a few hundred others who are Adults and choosing to eat low-carb with Kimmers help. That is their choice not yours.

A similar post by Gary in the kk forums:

Re:NO CARBS 4 Months, 2 Weeks ago
Great job XXXXXX. Keep up the good work!

The government made us all fat by introducing the food pyramid years and years ago. Pretty sad if you ask me. They got it all wrong. You may want to get the a great book called The Protein Power Lifeplan by Dr Eades....it will open your eyes on the low carb way of eating.

Continued success!

Here is more fodder – while not specifically mentioning the food pyramid, the conspiracy theme is apparent:

Re:Gary's Progress Report 10 Months, 2 Weeks ago
I finally made it to TWODERVILLE to day. I have not seen that in years and years. I know now that I can attain my goal if I am doing what I have been doing over the last month.

I really thought I would never be able to attain my goal because my food addiction was so great. I was blaming my self but recently I have been reading how all the food, drug, and diet companies work together to make and keep you fat. The food companies add high fructose corn syrup to so many products and they know the body can not process it easily and it is stored as fat. The diet companies come out with products that promise you to lose weight and lie about the ingredients on the packaging and know that it does not work. In the meantime they know you will buy their next product so they develop a new product under a new company name which won't work either. The drug companies do the same thing - wonder why there is not a miracle pill to supress appetite and help one lose weight. Anyway, I have eliminated high fructose corn syrup from my diet and use natural sweetners instead of the man made one. I shop in an all natural food coop for most of my food. I don't have to spend a lot of time reading labels because there are so few ingredients in the products. I kinda went off the topic of my weight loss overnight. Sorry. I wil stop waffling.......

Have a great day.

Follow up to that last one:
Hi XXXX

Thanks for your comment. I am reading a book now by Kevin Trudeau who claims to be a secret covert operative for almost 20 years. He supposedly knows from his own experiences how big business and the government try to debunk individulal who promote products that could hurt the profits of giant multinational corportaions. He claims he worked for a company that were creating weight loss products for the consumer and everyone on the board was overweight. He also claims he got the true secret to lose weight from a Dr that came up with it years ago to cure the rich who were getting fat. It will probably be an interesing read when I get a chance to sit down and read it.

The answer for us is Kimkins. But I like to read what is out there.

Gary

As a side note: We find his reference to the board members being fat humorous, considering who he works for!

Anyway, once we realized that CrispyBread was likely Gary and NOT Heidi, we set out to prove it one way or another. Thanks to the contributions of Christin and Becky, as well as Tom from LCF, and just plain old hard work, we have been able to prove beyond any doubt that CrispyBread is in fact Gary Fontaine.

Rest assured that all information which was used to determine this fact as well as all specifics pertaining to the horrendous and libelous website he was directing us to has been forwarded to the proper authorities.

Gary, there are no words to describe the sense of satisfaction that we derive in knowing you will be held accountable for your participation in this fraud being perpetrated by Heidi Diaz.

You lie down with dogs, you get bit by fleas.

The Kiss of Death

2008-05-20T20:07:00.004-05:00

Does becoming a feature story in the Kimkins newsletter or a front page model equate to the Kiss of Death as far as someone’s Kimkins experience goes?

Does Heidi Diaz, owner of Kimkins, warn her testimonial candidates that they will come under close scrutiny – not only by other members of the Kimkins website, but by anyone interested in the legal actions being taken against Heidi Diaz? I mean, warn them beyond “You might get some nasty IM’s”?

Does Heidi Diaz advise her testimonial candidates that she herself forwards her newsletter each and every month to many, many people on the “outside” of Kimkins, including several people she refers to as “Ducks”? Does she tell them that it isn’t necessary for those she calls “haters” to come looking for folks inside Kimkins, as she herself provides that information to them -- directly to their personal email boxes? Surely Heidi realizes that she is exposing her members to these risks. Does she warn them?

So, what does happen to people who become the current public face of Kimkins? For one thing, they allow themselves to fall into the spotlight. By virtue of allowing their stories and their photographs to testify to the effectiveness of Kimkins, they are also representing that Kimkins is a safe program and that Heidi Diaz is a person worthy of collecting the monies of people who are desperate to lose weight.

Consider Christin and Deni, former members who were featured in the Woman’s World article that lured many of the current Kimkins members to the site. Neither of them is there any longer. Both are involved as principal parties in the ongoing civil litigation against Heidi Diaz and Kimkins; both have requested very clearly that their story and their likeness no longer be associated with Kimkins, or be used in any further advertising or promotion of the program. Yet their photos and stories can still be found in numerous advertisements on the internet. Heidi claims ownership of those photos and stories based on her terms of service and permissions given at the time of original use.

How about Heather? Remember Brian and Heather? What happened to them when they asked to be removed from the front page? (See the bottom half of this post for Heather’s story in her own words.) I find it fascinating how Heidi responded when they opted to not get involved in her legal problems, declining to sign a affidavit endorsing her plan.

Some, like swalt, will be allowed to stay on site, but at what price? Ask AmyB. She tells her story here.

Heidi Diaz doesn’t really care what happens to you after she has been given the story she needs. She no longer needs you to actively promote her business – she already has you, regardless of whether or not you continue to endorse the diet. That is one reason why so many of the past people who were asked to step into that spotlight (or offered to step in it themselves) are now blogging about the reality of their experiences. Many, like deedlynn, LauraLa and AmyB - highly respected people within the Kimkins community – have been exposed to the truth of what Heidi Diaz has done and who she really is. They have seen with their own eyes the words she has written or had others write on her behalf. Their conclusions have been that they value their own integrity too much to allow themselves to be used to promote a fraudulent business. Unfortunately, because of their prior support and affiliation with Heidi Diaz, they fall under intense scrutiny of those working hard to provide information vital to the demise of Heidi Diaz’ operations.

Heidi coaches people to be sure and talk about how they felt before joining Kimkins, whether they were lonely, ashamed or resigned to their overweight condition. She explains that allows people to relate to them. In other words, it plays on people’s emotions – drawing them in and giving them hope. In many cases it takes a great deal of courage for people to be willing to even put their story to pen and paper, as writing those feelings down actually can cause one to relive painful past moments. There are instances where individuals who would be too timid or reserved to reveal so many personal details if left up to themselves have been encouraged by a stronger personality to do so. They ultimately take the risk of that exposure in order to please one who represents a friend to them, and one whose approval they have come to depend upon. That person could be Heidi, or perhaps another well intentioned friend. They may also become convinced that it is their obligation to reach out to others, not realizing that they are exposing themselves to scrutiny. Then, when they realize who Heidi is and what she has actually done, Heidi attempts to use that information to intimidate and dissuade them from speaking out against her.

There have been a handful of people who, once they realized the outside attention they were getting, asked to be removed from the front page. Why would that be grounds for banning? I don’t know. But it has happened, on several occasions. The provided excuse is always violation of TOS.I guess they failed to read the fine print in that TOS that states, “Thou shalt not speak against Heidi Diaz, Kimmer or Kimkins in any venue, and management reserves the right to follow you everywhere in order to enforce this rule.”

It is my fervent hope that people will count the cost before they step out and do what Heidi Diaz herself has never been willing to do. Ask yourself why that is – why Heidi, rather than honestly write about her weight loss struggles and encourage people with her personal and private details instead chose many years ago to take on an imaginary persona, with a totally fabricated weight loss success story, bolstered with photos heisted from obscure websites. For all of those years she denied the truth. She continues to deny the truth today. She continues to fabricate and embellish. She continues to speak ill of her own members behind their backs.

One last thought on this: Does Heidi, perhaps, only use people on the front page, or her newsletter that she considers expendable? Is being asked if you would be willing, or being allowed to be featured the equivalent of the Kiss of Death?

Calling CrispyBread and Kimkinite101

2008-05-16T01:33:00.001-05:00

Back in February, I carried on quite an informative conversation with both CrispyBread and Kimkinite101 as a result of my question “Why Do You Support Heidi Diaz, aka Kimmer?” http://prudentiablog.blogspot.com/2008/02/why-do-you-support-heidi-diaz-aka.html. If you two don’t mind, I’d like to carry on another conversation.

For the matter of setting the record straight, would either of you be willing to identify yourselves as you are known on the KK website?

I am wondering, CrispyBread why you have turned so mean on the Fascination With Kimmer thread on Low Carb Friends. I can understand the frustration that comes from feeling misunderstood as well as the passion that drives intense conversations. I don’t understand the need for the vitriol you have display in the last few days. Would you help me with that?

Have you actually had conversations with Sam Redman? His interest in this entire ordeal has appeared to have waned. Have you information to the contrary?

I also am wondering how you both perceive the defections that appear to be happening, particularly that of those who appear on the KK front page or newsletter as success stories.

CrispyBread, you seem to really want to talk about the FDA and the federal food pyramid and guidelines. Let me tell you that I share your opinion – we have been lied to repeatedly, much to the detriment of the health of our population. Why should that fact absolve Heidi Diaz from culpability for promoting an eating plan that is considered dangerous by most health practioners?

The two of you were kind enough back in February to help me gain some perspective on all of this. I’m hoping you will both do so once again.

The Draw

2008-05-13T08:30:00.001-05:00

Cleochatra asked the following question on the Fascination with Kimmer thread yesterday:

“OK, so what is the draw to Kimkins today, May 12, 2008?

We now know that Kimmer did not have success with Kimkins because when the detective nabbed her she was morbidly obese.

We know that the plan is nearly impossible to maintain for any period of time, is based on plans which already exist and are meant for folks with metabolic resistance, and not as the means to long-term weight loss.

There is no maintenance plan.

Many have suffered frightening side effects.

The Better Business Bureau rated the plan/company an F.

The much-touted e-book ended up being an email.

This plan is so messed up that even though it originated at this board, these threads continue as documentation to the lunacy of Kimkins as a purported long-term, healthful diet and show it to be dangerous, lacking in nutrients, and as not necessary a successful plan, based on the plan's 'originator'.

In short: of it can't work for the person now in litigation, how can people realistically believe it will work for them? Even Dr. Atkins lost weight and kept it off!”

Clea, look at it through fresh eyes.

If you have never heard of Kimkins or Kimmer or Heidi Diaz, you stumble upon an advertisement and follow the link. You are met with a webpage that looks professional, has success stories, all the links lead to more success stories and a blog that is often full of good sounding information and encouraging words. You have tried every way you can think of to lose weight and it just doesn't happen. You are desperate for an answer, and here is this slick looking site. Why not? You've paid that much or more for stuff advertised on the midnight infomercial ... what's one more try?

What these people don't realize, and Dee doesn't consider, is that with the other things you've dumped your money into you haven't gotten the support you do with Kimkins. Well, Dee does realize that part. She’s repeated it over and over again. The problem is that support grounds you in this dangerous plan. While you may have been suckered before to buy stuff that is equally dangerous, you have never had the intense encouragement to actually implement it and keep at it REGARDLESS of the side effects, like SNATT. You start losing, your family and friends notice, you encourage your own mother and daughter to follow the plan, you ignore symptoms and you don't realize that all those "haters" were actually RIGHT until you are in SO deep. Now you have your ego in the mix.

Think about all the people who lost literally 30-60% of their hair and STILL kept (keep) at it! Consider the people who had (have) heart palpitations who were willing to still go back. Hmm ... I wonder where LauraLa is today and how she is eating now?

Anyway, Heidi managed to create an environment of acceptance and support that speaks far louder than common sense and self preservation. I guess that support IS self preservation in some cases. Many people have dealt with so much ridicule, judgment and discrimination for their weight – often at the hands of those who are supposed to love and accept them the most. Many more have hoisted upon themselves so much self-recrimination that they can hardly stand up under the weight of that anymore. Suddenly, they find a place where that isn’t allowed, at least initially. And not at the hands of the other paying members, certainly. It isn’t long, though, before the person they long to be accepted by (and her hired hands) uses that recrimination to keep them entrenched in the whole ordeal. People learn that if they behave, they are loved on. If they misbehave they are taken back to an uncomfortable place – the place where they are destined to stay fat, unloved and unacceptable. I honestly believe these folks who so adamantly defend her don’t picture her in their minds as the rest of us do. We see the woman depicted in the video from the deposition, smirking into the camera, asking if it is “too late to take that back”. Many of us play back in our minds the words she said over and over again about not wanting it bad enough, etc. only NOW, we see the words coming from the morbidly obese, smirking Heidi Diaz rather than the beautiful, svelte Kimmer. The woman saying she does not believe that her paying members are entitled to know that she has never lost the weight she proclaimed she did. The woman saying that lying about her program, her own weight loss, and the success of others on the program is all justified in the name of business. The Kimmer (or Kimmers, as DeeDLynn is so determined to call her) they picture and believe in is a fantasy – a character of Heidi’s own creation. How sad for them they day they actually come to grips with that fact. They spend their time on that board talking to a made up person. Someone who doesn’t exist in real life.

I’ve often wondered what Heidi gets from these folks once she has already gotten their money. The answer is POWER. Much like the power an abusive mother wields over her children, often well into their adulthood. She is a sick, warped Pied-Piper of sorts.

Such a pity that she didn’t use her gifts and talents for good, for the actual betterment of humankind.

Here You Go, Christin!

2008-04-21T22:48:00.005-05:00

Kinda long, but I figured you might enjoy this!

(content might be too violent for kids)

The Devil's Advocate

2008-04-10T22:27:00.004-05:00

Polemic
–noun
1. a controversial argument, as one against some opinion, doctrine, etc.
2. a person who argues in opposition to another; controversialist.

I have had reports of several people who have expressed concern that Sam Redman was somehow wresting control of the LCF Fascination with Kimmer threads away from the long time residents and making it his own personal soapbox. As a result people were retreating into their corners, vowing not to post so long as he darkens our doorstep.

Part of me finds that very funny and part of me simply shakes my head in disbelief. I am not shaking my finger at anyone here, so try not to take offense. I find this reaction quite amazing, though.

Sam stated his agenda very clearly early on. He told us exactly what he is about.

“So, there you have my musings. Realize that one of my hobbies is to launch polemics, such as this one, on internet forums... I do it for fun and I have posted on every subject imaginable and on multiple sides of the political spectrum (I'm often called an equal-opportunity offender). I love pursuing the the art and practice of disputation and debating in forums where controversy exists. So, either take what I have to say to heart, ignore it or respond if you like (and in any way you like). And yes, as one poster pointed out... I am the same Sam Redman, who is a writer of light (sometimes called "pulp"), hopefully entertaining, fiction (but, that doesn't mean everything I write is fictional). I'm honestly happy with any reaction anyone has... hey, I'm just doing it for the fun of internet conversation.”

His hobby is polemics. That is a controversialist - not a conversationalist. He seeks out emotionally charged topics and enters into the conversation with the express intent of stirring it up and creating lively debate.

Unfortunately for Sam, rather than find the well reasoned debate he was thirsting for, he was met with steadfast conviction that the case against Heidi Diaz is cut and dried, safely placed into the very trustworthy hands of the very capable John Tiedt. I doubt he realized he was walking into the gathering spot of the very people Heidi Diaz had defrauded. He has come face to face with the victims themselves. Who can debate the victims, if for no other reason than they are too emotionally involved to give him the type of debate required to satisfy his passion.

Thanks for responding to my earlier blog, Sam, and for answering the question. At this point in time I'm willing to accept that you are telling the truth about not being in contact with Heidi when I evaluate your comments in light of your stated objective. I also see where you can and do change with the wind - that transition was apparent when you started posting about her fraudulent business practices re: lifetime memberships and ongoing staff expenses. That trait is very consistent with your stated agenda. I recognize it because I do it myself, though not in this particular case. Nothing like a good fight to get the blood pumping, eh?

As much as you have been around, however, it is unlikely that you don’t get the interest in Sam Redman. You have to be aware that much of this case focuses on the fact that Heidi Diaz has assumed many different personalities, both male and female, over long periods of time. Many of her staff members and several forum members have been conclusively proven to be nothing more than creations of her twisted imagination. She certainly has the basic skills to be a writer herself, though in her drive to deceive she is sloppy and inconsistent. She has made appearances on the boards and blogs of all of us likely at one time or another. It is very conceivable that she would take on the persona of Sam Redman and make yet another grand appearance. (As a side note, one of her admins, known as SingingLass, appears to be her understudy. Unfortunately for her, it will likely be to her own detriment.) For the record, I do NOT think you are her - you are far too articulate and your writing belies the fact that you have likely penned those many articles you lay claim to, many of which I have read. You also stay on a very even keel emotionally - something she is simply not capable of doing for any sustained period of time.

Additionally, she has manipulated others into doing her bidding for her. She has proven herself capable of being very charming and credible sounding, as well as very persuasive even while that very writing is fraught with unbelievable claims. I could easily understand someone like yourself taking a literary interest in this ordeal, and can imagine her approaching someone to write "her story", if you will… or to act as editor of her own attempt to immortalize the Kimmer.

Sam, should you decide that the entertainment value of this particular exercise has waned for you and you move on, I’d like to say it has been stimulating. In another setting, you would make a most worthy opponent.

Who is Sam Redman?

2008-04-09T12:52:00.008-05:00

NOTE: First, an important message regarding the status of the lawsuit - if you live in San Diego County, please read this!

Google the name and the links seem endless. Some are obviously not the poster who is making his splash on the LCF Fascination with Kimmer threads. Like many of us, Sam seems to be complex - more than initially meets the eye.

Being a big country music fan myself, I decided to check out the music of the No Account Man Band. This song, along with all of the others on their album, Two Faces, credit the lyrics and music to Sam Redman. Is it the same Sam Redman, as the LCF poster claims? The jury is still out on that, but in the meantime, enjoy the music.

Speaking of Sam's entrance into LCF, his first entry into the fora was not into the FWK thread, but rather into Low Carb Testimonies thread. This comment in particular interests me:

"So, yes, I have been a successful dieter and low carb is my kernel (or base), but would what I do work for others? I don't know... I'm almost of the opinion that what works for me isn't a prescription for everyone else. Lots of friends have tried my "program" and they just didn't have the results I get. And even though what I do is "working," I still am learning and picking up ideas. That's why I'm here... lots of good concepts and menu ideas are on these pages and I might have a tip or two myself (although... I'm not a medical person at all, so anything I tell anyone should be taken with a grain of salt)."

On the FWK threads you have said:

"Well, like my first post on this thread said... I was intrigued when I first saw a video on one of the tube sites about the Kimkins fiasco and so, I began doing some Google searches."

So, which came first? Did you discover LCF as a result of finding the video referencing the Kimkins fiasco, or did you find the fiasco as a result of coming to learn more about the low carb way of eating?

Not trying to be rude, but after reading all that has occurred, I'm sure you can understand healthy skepticism.

An Invitation To Dialogue ...

2008-04-09T11:15:00.003-05:00

First, a message from Christin reference the lawsuit:

"On another note.... I need for anyone who is a member or former member of KK that lives in the San Diego COUNTY to please contact John at the email address listed in The Kimkins Lawsuit Blog (you do not have to even be a member of the lawsuit yet). This is important, so he needs to hear from you as quickly as possible. Thanks everyone for your hard work!!!"

As links to the Active Lowcarber Forums are not particularly welcome on the LCF boards, I have been asked to post the links to the Samuel comments here.

Here is a good place to start, samredman ...

Anti-Kimkins: The Early Months

As you can see, Sam, there is a strong resemblence to some of your writing here in the person of "Samuel". My time at the moment won't allow me to expound on that, but I will return to the subject soon enough. In the meantime, anyone who wants to talk about this, feel free to leave comments and I'll get them posted.

One question I'd like to ask you directly, Sam - have you had any direct contact with Heidi Diaz to this point, regarding this or any other matter?

Back Linking

2008-04-08T22:26:00.002-05:00

There has been a great deal of conversation going on regarding the issue of back linking in the blogs and posts dedicated to the anti-Kimkins campaign. It has also been brought to my attention that a concern was expressed that a back link was carried from my blog to the LCF forums.

Just for the record, Back Links are NOT allowed on the Prudentia Blog. The only links that appear are ones that I intentionally include. The exception to this is that when another Blogger posts a comment their name links back to their own blog. If a particular blogger creates a blog with the express intent of filling it with links to the Kimkins website, I can't control that. If, however, you ever notice that one of those blogger links goes directly to the deadly Kimkins website let me know ASAP and I will delete the comment.

The crispybread link leads to a removed blog.

Please know that I have done all I can to prevent the illicit promotion of the deadly Kimkins diet from this blog.

For more information on this subject, please check out the Affiliate Scams blog by following this intentionally included link.

Hey Heidi - I Hear That Train A Comin'!

2008-03-29T22:48:00.003-05:00

Oh, and Heidi .... here is another present just for you ...

The Insider Exclusive video, featuring John Tiedt, Magicsmom, and Heidi Diaz is now up and running ...

Be sure to catch the early show!

INSIDER EXCLUSIVE

Just remember .... when you see the light at the end of the tunnel ... it just might be the train ...

Oh, Can It Be ... ?

2008-03-29T00:12:00.003-05:00

Every once in awhile, some idea presents itself to you and it simply won’t shake free. That has happened to me recently. I thank an unnamed source for providing the name of the phenomena I’m describing.

It has been a rather interesting last week or so among the various anti-Kimkins boards and blogs, to say the least; some of it seemingly unrelated, but all held together with the common thread of Heidi Diaz - if only because that is the reason that we have all congregated into these communal areas. As I watched various things unfold I was struck by the intensity of emotions, and the dogged determination of one group of people to control another.

Am I referring to Heidi Diaz herself? Am I referring to Low Carb Friends and those who venture into the Fascination with Kimmer threads? Am I referring to the manipulation that takes place in some types of damaging relationships? Am I referring to the latest hoopla that has consumed so much bandwidth within the comments area of several blogs? Maybe I’m referring to one – perhaps to all. You decide.

Gaslight (Trailer)

Gaslighting
From Wikipedia, the free encyclopedia

Gaslighting is a form of psychological abuse. It uses persistent denials of fact which, as they build up over time, make the victim progressively anxious, confused, and less able to trust his or her own memory and perception.

The term was coined from the 1940 film Gaslight and its 1944 remake in which changes in gas light levels are experienced several times by the main character. The classic example in the film is the character Gregory using the gas lamps in the attic, causing the rest of the lamps in the house to dim slightly; when Paula comments on the lights' dimming, she is told she is imagining things. Paula believes herself alone in the house when the dimming occurs, unaware that Gregory has entered the attic from the house next door, and is searching for jewels he believes to be hidden there. The sinister interpretation of the change in light levels is part of a larger pattern of deception to which the character Paula is subjected.
This technique is also supposed to have been used by the Manson Family during their "creepy crawler" burglaries during which nothing was stolen, but furniture in the house was rearranged.
……………….
In 2006, a case of internet gaslighting cost 13 year old Megan Meier her life, after she was befriended by 16 year old Josh Evans, who abruptly turned on her. It turns out that Josh was created in the mind of 47 year old Lori Drew, a neighbor of the Meier family who had decided she needed to teach Megan a lesson, apparently for deciding not to remain friends with her daughter. After several weeks of friendship and innocent flirting, Josh suddenly turned on Megan, beginning with telling her he didn’t like how she treated her friends. He flung insults at her, belittled her. Others soon joined into the fray, hurling insults at Megan. Josh finally told her that the world would be a better place without her. Megan was devastated by this turn of events which she couldn’t begin to comprehend. She closed herself in her closet and proceeded to hang herself. All because some other person – an adult, no less – justified in her own mind that it was acceptable to “mess with her”.

One of our deepest emotional needs is that of acceptance. While I believe we can never find complete fulfillment of that need outside of our relationship with God, it is normal – no, necessary, to find some level of achievement filling that need in our human relationships. It is in the quest to meet that very need that we become vulnerable to the dangerous phenomenon of gaslighting.

Do we fling around terms like crazy, self-serving, distorted, in need of professional help, trouble maker, deceptive … the list goes on … without pausing to comprehend the level of responsibility we truly do have towards our fellow human beings? Do we mount purposeful, orchestrated attacks on other individuals, in the hopes of silencing them by berating them and humiliating them so soundly – by refusing to provide them proof of our claims and simply demanding that they accept we are right - that they begin to wonder if we know their minds better than they do themselves?

Could our behavior towards others be considered gaslighting?

Great Kimkins Lawsuit Update!

2008-03-21T12:22:00.002-05:00

Great news! This was just posted on LCF by WildAngel6 (sorry to cross post, but this is so important, I didn't think you'd mind):
"Good News from John!

I just got an email from him saying that we got to keep the Writ of Attachment. He'll have a status letter update for us soon.

Thank you EVERYONE for your prayers, good thoughts and crossed fingers!"

YES!

Happy Easter, Heidi ....

Sociopath or Psychopath?

2008-03-18T00:53:00.003-05:00

As I plunge deeper in my attempts to understand the personality that drives people like Heidi Diaz, aka Kimmer, as well as those who hold to her side steadfastly, even in the face of overwhelming evidence that she is not the least bit worthy of that trust and devotion, I find myself engaged in a fascinating study into the human psyche.

First, the disclaimer: I am not labeling Heidi Diaz, nor any other person, as suffering from any particular personality disorder. That type of diagnosis is only possible after examination by a qualified professional, of which I am not. I do find some of these descriptions eerily reflective of the behaviors that Heidi exhibits. I share these observations simply for the stated purpose of stimulating conversation. In that vein, I continue.

The more currently used diagnostic term for a person exhibiting sociopathic behavior is Antisocial Personality Disorder. It started out in the 1800’s being referred to as “moral insanity”. I like that term, personally. It speaks more to the heart of the issue – a lack of moral constraint. In the 2000’s though, it seems to have become politically incorrect to speak about morality. Morality carries with it an underlying meaning of some greater authority – some defined right and wrong. Many people in this day and age prefer to think that morality – right and wrong – are subjective, defined and driven by the winds of change of the culture. I will openly state that I am not one of the many. I do believe in an absolute moral authority – found in the person of God, spelled out clearly in the Holy Scriptures. I add that only so my bias is clear from the beginning.

In the course of my research, I’ve come across a concise expression of why we fall for the lies of the person with APD, and why we stay commited to those lies. This is part of a much larger article, entitled THE PSYCHOPATH - The Mask of Sanity, found at http://www.cassiopaea.com/cassiopaea/psychopath.htm. I’ll be referencing this as well as other resources as I work through this whole line of thinking. Here is the rather lengthy quote:
What kind of psychological weaknesses drive people to prefer lies over truth?
This may have something to do with what is called Cognitive Dissonance. Leon Festinger developed the theory of Cognitive Dissonance in the 50's when he apparently stumbled onto a UFO cult in the Midwest. They were prophesying a coming world cataclysm and "alien rapture." When no one was raptured and no cataclysm he studied the believers’ response, and detailed it in his book "When Prophecy Fails." Festinger observed:
A man with a conviction is a hard man to change. Tell him you disagree and he turns away. Show him facts or figures and he questions your sources. Appeal to logic and he fails to see your point.
We have all experienced the futility of trying to change a strong conviction, especially if the convinced person has some investment in his belief. We are familiar with the variety of ingenious defenses with which people protect their convictions, managing to keep them unscathed through the most devastating attacks.
But man's resourcefulness goes beyond simply protecting a belief. Suppose an individual believes something with his whole heart; suppose further that he has a commitment to this belief, that he has taken irrevocable actions because of it; finally, suppose that he is presented with evidence, unequivocal and undeniable evidence, that his belief is wrong: what will happen? The individual will frequently emerge, not only unshaken, but even more convinced of the truth of his beliefs than ever before. Indeed, he may even show a new fervor about convincing and converting other people to his view.
It seems that part of the problem has to do with ego and the need to be "right." People with a high "need to be right" or "perfect" seem to be unable to acknowledge that they have been conned. "There is no crime in the cynical American calendar more humiliating than to be a sucker." People will go along with and support a psychopath, in the face of evidence that they have and ARE being conned, because their own ego structure depends on being right, and to admit an error of judgment would destroy their carefully constructed image of themselves.
Even more amazing is the fact that when psychopaths do get exposed by someone who is not afraid to admit that they have been conned, the psychopath is a master at painting their victims as the "real culprits." Hare cites a case of the third wife of a forty year old high school teacher:
For five years he cheated on me, kept me living in fear, and forged checks on my personal bank account. But everyone, including my doctor and lawyer and my friends, blamed me for the problem. He had them so convinced that he was a great guy and that I was going mad, I began to believe it myself. Even when he cleaned out my bank account and ran off with a seventeen-year-old student, a lot of people couldn't believe it, and some wanted to know what I had done to make him act so strangely!
Psychopaths just have what it takes to defraud and bilk others: they can be fast talkers, they can be charming, they can be self-assured and at ease in social situations; they are cool under pressure, unfazed by the possibility of being found out, and totally ruthless. And even when they are exposed, they can carry on as if nothing has happened, often making their accusers the targets of accusations of being victimized by THEM.
I was once dumbfounded by the logic of an inmate who described his murder victim as having benefited from the crime by learning "a hard lesson about life." [Hare]
The victims keep asking: "How could I have been so stupid? How could I have fallen for that incredible line of baloney?" And, of course, if they don't ask it of themselves, you can be sure that their friends and associates will ask "How on earth could you have been taken in to that extent?"
The usual answer: "You had to be there" simply does not convey the whole thing. Hare writes:
What makes psychopaths different from all others is the remarkable ease with which they lie, the pervasiveness of their deception, and the callousness with which they carry it out.
But there is something else about the speech of psychopaths that is equally puzzling: their frequent use of contradictory and logically inconsistent statements that usually escape detection. Recent research on the language of psychopaths provides us with some important clues to this puzzle, as well as to the uncanny ability psychopaths have to move words - and people- around so easily. […]
Here are some examples:
When asked if he had ever committed a violent offense, a man serving time for theft answered, "No, but I once had to kill someone."
A woman with a staggering record of fraud, deceit, lies, and broken promises concluded a letter to the parole board with, "I've let a lot of people down… One is only as good as her reputation and name. My word is as good as gold."
A man serving a term for armed robbery replied to the testimony of an eyewitness, "He's lying. I wasn't there. I should have blown his ******* head off."
……………..
I think most of us can attest to falling victim to at least one person of this type. It is unnerving to realize how susceptible we really are to those without any sort of moral grounding. We can take solace, however, in the professional opinions that tell us that we actually are not equipped to protect ourselves entirely from being conned by such individuals in the first place. Well, we are comforted and alarmed at the same time. But at least it should relieve us of that overwhelming feeling of having somehow failed ourselves. Rather we need to acknowledge that having no consciousness of guilt can give one the upper hand when dealing with people with a healthy sense of trust in their fellow man.
Hopefully we don’t become so invested in what they are saying that we can’t emotionally risk pulling away.

The Latest on the Kimkins Scandal

2008-03-13T22:55:00.003-05:00

You will want to read the update provided by John Tiedt regarding the Kimkins Lawsuit. Will Heidi's devout followers find a way to look past these latest revelations? Will they be willing to turn a blind eye to her very own words and confessions?

Heidi, I predict that you will spend next Christmas as a guest of the California penal system.

To read John Tiedt's latest update, head on over to Jeanessa's blog.

Need A Laugh?

2008-03-11T09:33:00.002-05:00

Oh, they say that laughter is the best medicine! Things have been way too serious around here for far too long. So, enjoy!

The Fine Print: Using the restroom first is highly recommended. Also, I will not be held responsible for computer keyboards due to exposure to liquids.

Oh, John ... You Foolish Man

2008-03-09T16:20:00.003-05:00

You have no idea what you just set in motion. No idea. I hope you are ready to live with the fallout of your careless mistake.

Well, good luck to you, old buddy. This is out of my hands now.

What Happened To Honor Anyway?

2008-03-07T20:19:00.002-06:00

**

Maybe I’m just getting old. Growing up there was a great emphasis in our home put on truthfulness and trustworthiness. My Dad used to always tell us that so long as we lived with integrity, they can take everything away from you, but you will still have your honor. That just doesn't seem to matter to more and more people these days. Do YOU sleep better at night knowing that one who is sworn (and paid, I might add) to keep us safe doesn’t think twice about lying when it serves his purpose? When those who are supposed to protect us lose that foundational base, what do we have left?

Kat said:
I think John's approach just hurts the memory of our brave men fighting for us. Past and present. He could have gone about it in a different way but obviously, the seems to be a mental issue on his part too. Sad, just sad. And to be fighting with the enemy...what does that tell ya?

Heidi, try as you might...there is nothing you can find or do to stop the lawsuit so I guess as usual...you'll have to make up lies to CYA.
March 4, 2008 10:45 AM

I disagreed with Kat at the time she wrote those words, and said so publicly. So now, publicly, I would like to apologize to you, Kat. I believe you are right.

This whole ordeal surrounding John Essex has been confusing and at times emotionally draining. He is indeed John Essex, ex-husband of Trista Essex. I managed to get that part right. I can tell you, though, that as with everything else mixed up with the Kimkins scan, all is not as it seems.

In the past few days I have had the opportunity to review many of the statements made to me by this person. Several of those statements simply don’t stand up under scrutiny. Some facts have been blatantly embellished, and some have been completely fabricated. I have learned a lot more than I ever intended or desired to learn about him. I am absolutely amazed at the lengths some people will go to cast themselves in a favorable light.

Some of those facts involve the conditions of military service. Yes, John Essex served in the American Armed Forces, having enlisted around the age of 18. Lots of other claims he made in regards to that service have come into question. Many of those questions will be brought to light in the coming hours and days. When someone misrepresents their service to our country, it has the potential to cast a long shadow over all men and women who proudly wear the uniform.

For now, though, I want to apologize to Kat. Sometimes, in my desire to see the best in people, I slip on my rose colored glasses, drink a cup of gullibility, and forge ahead. The end result of that is usually that I come across looking foolish and feeling sheepish. As I do this time.

Hello, Martina's Martini. We Meet Again.

2008-03-03T21:38:00.004-06:00

“When, in the course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”

These are the opening lines of the Declaration of Independence, signed by 57 brave men, on July 4, 1776, setting into motion a chain of events that led to the formation of the greatest county this world has ever known (sorry to my non-American friends, but I do have a bias here!). Our forefathers believed that our rights – specifically those of life, liberty and the pursuit of happiness, were worth dying for. Many men did just that.

Many men and women continue to this day to risk their lives for the cause of freedom around the world. I value their sacrifice. I appreciate their sacrifice. I honor their memories.

It is after considerable contemplation, and because of the level of respect that I have for the office of soldier that I have decided to post this comment which the person known to most of us as Martina’s Martini sent to me last night. Those of you reading may not understand the connection that I make with the great ideals of our beginnings with these matters. I believe that it is in the distortion of those rights, and the belittling of the sacrifices that brave men and women have made, that the likes of Heidi Diaz are born. Hopefully, as you read further, you will understand my point.

From early on, MM, I gave you the benefit of the doubt. I accepted your presentation of who you are. I accepted your stated purpose and motives. I do feel that you betrayed that trust, but I will let others judge for themselves. The case of Heidi Diaz is one with its foundation steeped in fraud and deception. I have never wavered in my belief that you are NOT Heidi Diaz – that you are who you told me you are, in spite of the fact that it would 100% consistent with the past actions of Heidi to fabricate a person such as Martina’s Martini. In truth, many of the behaviors that you, as MM, presented are 100% consistent with the past behaviors of Heidi herself. Apparently that acceptance that another person extended to you was meaningless, if your actions are to be used as the measuring stick.

I post this so that you, my blog visitors, may hear him in his own words.

I know that there are many questions that others have – questions like, why, if what you say here was your true intention, did you explode onto the scene in the Fascination With Kimmer thread in such an abrupt and condescending manner? Were you mocking the Ducks you claim to admire when you posted cryptic messages on your Martina’s Martini blog? Why the mind games? If you choose to answer those questions, feel free to address them, or to invite others to ask whatever questions they have right here in this blog. I’ll post the questions and all comments, including yours.

But for me, there is only one question that I have that I would appreciate you answering. Why, if what you say here is indeed true, did you correspond with Heidi Diaz, giving to her information that pertained to one of the principals in this lawsuit? Please do not bother to deny that you did that. It has been proven to my complete satisfaction that you did, in fact, do so. That is the one part of this that I am having the most difficulty with - reconciling that action with the person you presented yourself to be. When people do what you have done to another person, that person's ability to trust and willingness to reach out to other hurting human beings becomes diminished. I'd like to believe that you are the type of person for whom that matters.

Remember that we talked about your legacy, and writing your story? Well, here is your opportunity to clean up some of what you either intentionally or inadvertantly left for those behind you to find.

I assure, you, MM, that I certainly WILL continue to fight. I will do what I can to reach out to victims of the deception of Heidi Diaz. I will continue to fight with the resources available to me to see to it that justice is served in this case. And I am not alone in that quest – not by a long shot. There is a day of reckoning coming to Heidi Diaz. Count on it. It remains to be seen who will be found culpable alongside her.

Here follows the comment that Martina’s Martini posted to my blog last night in response to the entry, Was I Duped?

“Actually, eh, it had nothing to do with any of this. See in this situation, you always need to know what someones motives are. Mine was never money, far from or helping Heidi. It wasn't for attention. Systems have certain drawbacks. Even when people try to flock and gather information from ever corner of reason. Psychology is and always will be the study of human behaviors. See. I had something that needed to be discussed with someone in this world. Messages flew. See Pru, I found resolution in all of this. The other person also found a resolution in the ongoing situation. When you think or feel you have been duped, it kinda makes me feel bad, but at the same time. You continue to drive on...and make this matter a human fight. See, quite honestly, if it wasn't for "The Ducks, and this issue not discussed on the internet, then I would have never never really known what the world had been happening with this person. See..YOU may hate me, and in some small matter rightly so. The actions though, prooved to me that they are good people in this world. My dealings with this person, completely are now at a total end. She has found a resolution, and so have I. You have no clue to what end though I had wanted things to be over. This whole Kimkins mess did have impact on this person. I knew what these people were looking for months ago when the calls did start happening. They wanted an edge, they didnt get an edge. What they got was something THEY THOUGHT they were going to be able to use. I am a broken down old soldier, my face is half gone, my foot isnt there anymore. Now to conclude. They would never..never be a day in this world history, I would ever say anything bad about the other person. Although, we had a bad past, The recent events, changed that. Pru, she found a resolution....and so did I. The system of gathering information though, has flaws, has drawbacks for you guys. They are con people, and bad people, and weirdos out there. They are people wanting 15 to 30 minutes of fame. I didn't want any of that. I came across this whole mess by accident. You take care Pru, be well and do keep up the good fight.”

I Am So Angry

2008-02-29T14:41:00.005-06:00

I am sitting here in tears right now, so angry about the hurt I am seeing so many around me experiencing. I read AmyB's posts - on her blog and on the fora - and I hear the anguish, the pain, the sense of loss, and the sadness. I don't hear weak. I don't hear lost. I don't hear arrogant, either. I hear normal. Amy is not alone in this. There are many who have recently come out of the Kimpound who still feel that tug of the familiar.

Why do I care? Why does it move me? Because in them, I see me.

As I said in my last entry, abuse comes in many forms. But it is still abuse. And the repercussions are basically the same. Through my own experience I learned so very much. My hope is to be able to use that to encourage others - to give them maybe that one thing that they can hang on to, so they know there is nothing wrong with them, that they can break free of this.

Think of it like this. Most of us have known someone somewhere, usually a woman, who has been living with an abusive mate. Might be physically abusive, or maybe no physical to her violence, but emotionally abusive, or violent to things but not people. As an observer, we stand back and look at the situation and can't understand why she doesn't just leave. Pick up and walk out the door. We may have spent hours and hours talking to her. She calls us when he's "that way" again. But, for reasons we can't fathom, she either never leaves in the first place, or she does but her resolve quickly dissolves and she is right back again. Frankly, we get tired of it all. If she doesn't want to help herself, well, we just can't fix it for her. Eventually, we turn our backs on her. Or we start to ridicule her or belittle her for being weak, or a saddist, or whatever else. We don't understand, but we simply don't have the stomach to deal with it anymore. That woman may be our mother, our sister, our friend, our daughter.

What we don't realize is that she never thought she would end up that way. She never dreamed this would be her life. She didn't recognize it in the first place. Looking back she realizes there were signs, but she didn't heed them. She may even tell herself that she made her bed ... and as my mother used to tell me ... now sleep in it. And she certainly doesn't understand why she stays.

How do I know? What gives me the right to speak to any of this? Because there was a time in my life where I was her.

One day, I was standing in the kitchen, backed into a corner. The corner made by the kitchen counter and the cupboards. We were yelling at each other. Every button I had was being pushed - all at once. I became aware that the drawer with the knives was right next to me. All I had to do was open it ...

And that is the moment I knew it had to end. He had to go. I know without a doubt that the Hand of God intervened at that moment. I didn't open the drawer. Later that night, I opened the door. I wish I could say that ended it. It did not. It took much more. But after that night he never stepped foot in my house again. And even though the relationship was only 8 months old at that point, it has taken YEARS to move past it. I don't think I'll ever be the person I was before. Uneffected. I was so sure that I was smart - I had lived through so much to that point in my life. I had dealt with more things by that point than many people deal with in a lifetime, and done it with dignity and self respect (well, that one is questionable, in retrospect). I was way too savvy to ever be caught up in something like that - the big A word. Not me. And since it couldn't happen to me, then it must be something else. There was something I wasn't seeing - that if I could just see it, it would be better.

That feeling had more to do with me not being able to break away than any other factor, I believe. For me to walk away would be to admit that I wasn't able to care for myself the way I thought I could. That little voice inside me that protected me from harm failed me. That was very, very difficult to admit. I was vulnerable, and to me that was a dirty word. For me to admit that I had been decieved made me look at everything else around me, too. People that I thought were my friends, really weren't. For a period of time it was like I was walking on sinking and shifting sand. I'd put my foot on what I thought was a stable place only to discover that it was just an illusion.

Today, while I weep as I recognize the emotions that so many others are going through, I am thankful that I've been changed forever. Maybe most importantly, I am far more compassionate than I ever was before. I have had many opportunities to reach out to others and offer hope and support. And I've learned that in doing so, they may not change their circumstances. I can't make up their minds for them. They have to walk their own road. What I can offer them, though, is my story. Or glimpses of it, anyway. Enough for them to know that they aren't crazy. Man, I sure thought I was for awhile. I thought I was having a breakdown.

It is so important for those of you Kimkins survivors, who have gone through enough of the healing process that you feel whole again, to share your stories. I so encourage you to do so. Yes, it is risky. Someone might ridicule you. Someone might try to take advantage of you, thinking that you are weak. Some may try to con you. And you may allow yourself to believe in people who end up abusing that trust, which can cause other people to ridicule you. But someone, somewhere may just be saved by YOUR story. Your story told as only you can tell it.

And it is amazing how much healing comes through that. For one thing, it gives your experience meaning. I don't ask God "Why?" any more. When you watch someone else break through and you realize that your story played a tiny part in helping them do that, all the risk pales. And the "Why?" becomes crystal clear. I'm so very thankful that I serve a God that uses every little and big detail and experience for the good. That gives my life meaning. And those hurts become tools - tools in the hands of a living, loving God. Tools that bring healing to hurting people.

Sorry to ramble today, folks. Just feeling a bit emotional. Until Later ....

I Finally Get It!

2008-02-28T12:28:00.005-06:00

UPDATED: First, Heidi, Jeanessa has a message for you ... follow the #1 Kimkins Lawsuit Weblog link to the left ...

Now, back to the blog post ...

Can you identify with any of this? Do you see or hear yourself in any of these as you think about your relationship with Heidi Diaz/Kimmer, either past or present?

Guilt
If she is being nasty with me, well, I’ve done something to deserve it … maybe I gossiped and don’t even remember… going back through all of the posts I wrote to see if I deserved it … look at all she did for me, and look what I’m doing to her in return … she gave to me when no one else would … I should have known … I ignored the signs …

Denial
They are telling lies about her ... I twisted her words … I misunderstood her … she didn’t really say it … I’m not remembering it right … she’s not really that way … she was just having a bad day or moment … that wasn’t the “real” her … she didn’t really mean it … she must be ill, maybe even have a problem like split personality disorder, I’m the only one that understands her … if I leave, she’ll be all alone …

Concern for others
If I leave, she’ll take it out on them … so long as she is talking about me she won’t bother anyone else … if I leave there won’t be anyone to stick up for them … I’m tough, I can handle it, but they can’t …

Fear for yourself
No one else will be able to help me … I’ll end up fat again without her to help me stay thin … I couldn’t do it myself before, so how can I expect to do it myself without her … if I leave I will lose my friends … if I go public with this she will terrorize my family or air my dirty laundry … if I turn on her she will blame me … she will drag me into it … she will expose me and my reputation will be ruined … people will know that I have issues with food …

Shame
I know there is something wrong with me … I know I shouldn’t let her treat me this way … I’m just weak and can’t seem to stand up to her … when I try she rears up and gets even bigger than me … I can’t let anyone else see me like this … if people knew the real me they would be repulsed … they will feel pity for me, and I don’t want pity …

Branded Syndrome
Everyone will see me for the failure I am … I’m not a quitter … I am weak … I’m not smart enough to figure this out … People will think I’m so stupid … my loved ones will laugh at me … my husband will be angry that I spent the money then walked away without succeeding … people I love and respect will turn their backs on me … people in my support network will turn on me … I will be considered a whistle blower … I will be called a gold digger … people will think I am jealous of her … I will be called a hater … I will be called a Duck …

Hopeful
If I just do or say the right thing, everything will be great … if I’m nice enough, compliant enough, she will like me and be nice to me … if I lose the weight and become a front page success story she be nice to me … if I just don’t stir anything up she won’t notice me … I’ll stay under the radar … once she isn’t under pressure or being attacked she will be different … if people would just stop trying to take what she has earned she will be nicer … who wouldn’t be mean and nasty with other people always attacking you, tearing you down and trying to ruin your life?

The above emotions and thought patterns are classic symptoms exhibited by victims of abuse. Abuse does not simply come from the hands of a lover or a parent. In this case, it is coming from the hands of a scammer.

It is also possible to have these emotions revolving around the website, rather than Heidi. Believing that there is no other place on the internet, no other safe environment where people won’t harass you would be an indicator that you fall into this category.

You must know right now – if this is you – if you identify with any of these emotions and thoughts – there is NOTHING wrong with YOU. You are not the deficient one. You are not weak. You are not broken. YOU are not the problem.
Thank you AmyB for being so articulate as you express your feelings. Your descriptions of your experiences, along with the emails that you received from Heidi have opened the window for me. I understand the hold that Heidi Diaz has on so many people. Over the next few days I will go deeper with this, looking both at the behaviors of the abuser, as well as exploring the question of why we are susceptible to someone like Heidi Diaz in the first place.

Chances are that many of you reading this have had feelings stirred up in you by watching this entire Heidi Diaz ordeal and not even known why you feel so strongly. Things are triggering in you because at some level, you can identify with those who have been caught in her web. More on that later, though

Was I Duped?

2008-02-27T10:37:00.003-06:00

I don’t think so. In my mind, anyway, being duped would involve being fed a pack of lies. There certainly was some fiction woven throughout everything I was told, but I expected that. Facts were being checked and verified. The deceptions that were shared with me involved accomplishments of the story teller – sort of like a puffed up resume. But the information that was shared about another was accurate. That has been confirmed.

Behind every screen name there is a family out there – generally children or parents or siblings, even spouses - who are in no way connected with, nor responsible for the rantings and ramblings of the person holding the screen name. I know I have children. I blog behind a fictitious name because I want to shield my children from the ugliness of Heidi Diaz and her scamming ways. Many of you do, as well. Because of those innocents behind the name Martina’s Martini I will not reveal his identity, though he, himself, sprinkled plenty of clues out there on the forums and blogs. I do have plenty else to say, though.

Martina’s Martini is a real person. I am 100% confident that person is NOT Heidi Diaz. How can I be sure? Because I have 100% confidence in the person who confirmed that information for me. There IS, however, a very definite connection – one that I seriously doubt Martina’s Martini ever dreamed would come to light.

The information that MM desperately wanted to share with John Teidt concerned one of the principals of the lawsuit. Namely that Heidi and others representing her had been contacting the estranged family members of one of the lawsuit principals, seeking personal information. According to MM, they used a variety of tactics, including deception – saying the person has won a cruise – in an effort to gather what they perceived to be dirt. MM thought that John T. would want to know that information. So, that is what was passed. The remaining parts of the conversations I had with MM revolved around MM himself, some of his past hurts, and some pending situations that have nothing to do with the affairs of Heidi Diaz. Because those conversations involved people – real people – who have nothing to do with any of this, I will not share that content with you all. Please believe me, all information has been made available to John Teidt to consider as he sees fit. I did what I agreed to do.

Interestingly enough, MM never asked for any information from me. That is why I am confident that MM’s intention was not to try to “get” any information for Heidi. That is part of what made it difficult for me to reconcile the person I was talking with to the person I was being told about.

That said there is another side to all of this. While MM was carrying on this conversation with me, MM was also carrying on a conversation with Heidi Diaz. That is an undisputable fact. There is proof, and that proof is in the hands of the people it needs to be in. Heidi didn’t hesitate one millisecond to betray her buddy. She sold him out in a flash. MM believed by sharing personal information about one of the principals that he would help Heidi. He penned the phrase “The enemy of my enemy is my friend.” And Heidi, being the dog that she is, gleefully lapped it right up. Funny thing is, none of this information has anything to do with the lawsuit. None. Nada. Zip. Zilch. Won’t help her a bit.

It does, however, show just how far Heidi Diaz is willing to go to try to gather dirt on those involved with the lawsuit. Principals, if you are listening, know what she is up to. She is trying to dig up dirt. Heidi can feel millions of dollars slipping through her hands, and she will resort to whatever she can think of to hold on to it.

And the Ducks will be right there … ready to expose her dirty schemes.

As for MM – it is so very sad that this is the legacy your chose to leave. I told you, tell your story so years later others can read it and judge you for themselves. I never in a million years dreamed that this would be a chapter you would even consider writing. In that way, yes, I was fooled. I allowed my heart to reach out to someone who was hurting, in an effort to offer comfort and hope. They decided, though, to shoot themselves in the foot.

One other thing I want to address is why would MM present him self in such an abrasive and irrational fashion? I can only speculate, but I believe MM wanted major attention. I think this whole thing revolves around MM wanting to feel significant. I can only pray that one day MM will discover that significance comes from who we are in Christ – not from the accolades of others. MM, your 15 minutes of fame has passed. Likely you have been left with a very hollow feeling inside. That is what happens when you sell your soul, as you did when you allied yourself with Heidi Diaz. You walked through that door with your eyes wide open, intent on hurting another. Instead it is only yourself that you have damaged. Hopefully, you have learned that when you lash out in your own hurt, all you ultimately accomplish is heaping more hurt on your own head.

I will admit – this whole ordeal set me back a bit. A very sweet soul made a comment to me last night that really made me sit back and think. She observed that I didn’t seem to trust her very much. And the fact is, I didn’t. Encounters like this leave you a little bit jaded. A little bit more cautious. That seems to be the legacy of Heidi Diaz, as well. There are many, many people that are now walking around, keeping others at arms length, leery of trusting. Sadly, there are many more, still under the influence of her manipulative ways. All of these folks, whether they are out in the light, free from Heidi’s direct influence, or they are still there in the Kimpound, need our love, our patience, our understanding and our prayers. Those still inside can not, for whatever reason, allow themselves to accept the truth – for to do that exposes a vulnerability in their selves that most of us spend a life time convincing ourselves doesn’t exist.

Hmm. Maybe MM and Heidi Diaz are really made for each other.

Double-Minded …

2008-02-26T14:28:00.000-06:00

… one who is divided in his interests or loyalties, wavering, uncertain, two-faced, half-hearted.

Double Agent…
… a spy who works for two mutually antagonistic countries - (military) a secret agent hired by a state to obtain information about its enemies or by a business to obtain industrial secrets from competitors

Traitor …
… one who betrays another’s trust

Judas…
… One who betrays another under the guise of friendship.

“The enemy of my enemy is my friend …”

To the one who said that … you have been discovered. Too sad this is the legacy you have chosen to leave. You sold your soul, and you did it for naught. Your pearls of wisdom have turned out to be nothing more than meaningless drivel.

Why Do YOU Support Heidi Diaz, aka Kimmer?

2008-02-20T11:06:00.001-06:00

Well, Heidi – how you continue to garner support among any group of people is beyond my comprehension. As an ardent student of human nature I would really like to understand. So, I’m offering you an opportunity. I’m quite sure that your attorney has repeatedly told you not to make any statements which can be used against you, so never in a million years would I expect you, personally, to enter into any sort of dialog about this. What I am proposing, then, is to provide an opportunity for those who follow you to share their why. Not why Kimkins, the diet. Rather why, Kimmer, the diet leader. Not how you found Kimkins, but why, in spite of all that has come out, are you willing to trust Heidi Diaz? What inside you outweighs the evidence that proves she is a master at deceiving people?

I’d like to hear from those who have been following her for awhile, and those who are brand new.

Why, after everything that has been exposed about Kimmer would you continue to follow and support her?

Why, after everything that has been exposed about Kimmer would you decide to join her website and follow her eating plan anyway?

People like erinrn, grantoangels, jnlisfatnomore, tasjon, Lasttime4me, jessone, Singinglass, GonnaBeHot, catesbit, dakotastyle, caymansky, mzpretty, DramaQueen, farrah, champ … the list goes on.

Is it because you don’t believe what has been exposed? Is it because you feel sorry for her? Is it because you can relate to her?

Here is your opportunity to defend Heidi Diaz to the world. Anyone willing to defend her out here – outside of the safety of Kimkins? Post as yourself or make up another name – it doesn’t matter.

Your words won’t be tampered with and you can always reference back to this blog if you believe you are being misquoted.

I’m simply asking that you help us understand your point of view.

Keeping Your Eyes Fixed on the Prize

2008-02-19T12:10:00.003-06:00

I received an anonymous comment on my blog that expressed a desire to send a message to all of us who are choosing to align ourselves against the evil that is personified in the person known as Heidi Diaz, and the crimes she has chosen to perpetrate against others.

This day is an important one for Heidi, in so much as a court of law this day is scheduled to determine whether or not her assets will remain frozen until the outcome of the class action lawsuit, to which she is a party, has been established.

Heidi Diaz has built for herself a house of cards, which will eventually come tumbling down around her. It is through the efforts of many that Heidi Diaz has been exposed as a fraud. I am amazed that there are those who would choose to ignore all of the facts that support that charge and grasp on to Ms. Diaz as if she was their last hope in this battle of weight that is being waged within the skin of their own bodies. People willing to risk their health by following her dangerous eating plan, willing to risk the health of their family’s financial future by entrusting her with their financial information (in the form of checks and credit card numbers), willing to risk their own emotional futures by allowing her to bend and warp their thought processes in order to satisfy her own sick, insatiable desire to elevate her own esteem by destroying the self esteem of others. I will be spending some time in the near future exploring the question of why people would choose Heidi Diaz over their own well being.

But for today, back to the message I received.

I have been asked to pass on the heart felt message that the Ducks are doing a good work. To not lose hope. To not let differing opinions or perspectives of the minor side issues disrupt the unity of the bigger cause. That airing those differences is healthy and often necessary, but rejoining forces is also necessary. I was also directed to this inspirational eulogy, delivered at the funeral of Bobby Kennedy, by his brother, Ted. I rarely agree with Ted Kennedy, but in this case I find much common ground. It goes right to the heart of Prudentia – one man does make a difference. I hope you find this as inspiring as I have. And thank you poster, for this.

As for those with whom I fight this battle, despite any differences, I am proud to stand shoulder to shoulder with each and every one of you, making not only a ripple, but a tidal wave that will soon overtake the likes of Heidi Diaz and others like her who would set their sites on the vulnerabilities of our fellow man. May we not grow weary.

May Martina’s Martini Rest in Peace

2008-02-17T22:19:00.000-06:00

I am going to say very little about this. I’ll be happy to post your comments, but I will not respond to any questions unless directed to me by John.

Martina’s Martini was a real person. That person felt they had information to share that is pertinent to this case, but had reasons for wanting to stay hidden. That caused them to post in ways that seemed cryptic to most of us – as happens any time any of us is trying to share something without coming right out and saying it. Martina’s Martini felt to do so would put both themselves and another person at risk, so they chose to do things their way. Whether or not their fears were justified is not ours to judge.

I have had an ongoing conversation with this person over a great part of the day. In my opinion (and take that for what it is worth to you) I believe this person is sincere and the genuine article. I have taken the information they had to share and have passed it on to John Teidt. It is now up to John to determine if it is something he should act upon. I also believe this person did not come looking for all this mess we have become so fond of, rather it found them, and in it’s own way has opened up lots of wounds. I sincerely hope they close back up easily and the person we know as Martina’s Martini can get back to their life.

Just as I tried to express that sometimes it is better to hear a person out all the way before concluding they are simply out to stir up trouble, I now encourage you to trust that John has this information and will act on it. Curiosity is a healthy thing, but there is honestly nothing left here to see folks.

One question I have been asked that I will try to answer now: How did I know to post the Friendly Fire blog post in the first place? I don’t know, frankly. Only that I believe in the Hand of Providence and that it tapped me on the shoulder and told me to listen up. I obeyed.

May we all be able to listen to the next person with an ear open to the heavens.

Stop the Fratricide! A Case of Friendly Fire ...

2008-02-15T19:07:00.004-06:00

With truth comes power. The power to free the oppressed. The power to correct an injustice. The power to inflict mortal wounds.

The quest for truth is a worthy pursuit, but comes with a great responsibility to exercise caution – to be mindful at all times of the innocent bystanders in our midst. We also have a responsibility to protect those who would desire to help in whatever way they can, but who have to balance that cooperation with the risk of exposure to either a real or perceived enemy.

In recent days I have witnessed a case of friendly fire – the wounding of a person who was simply trying to lend aid to the cause of taking down Kimkins and Heidi Diaz in the only way they knew how. This person feared detection and so they attempted to communicate in a cryptic and at times a seemingly nonsensical fashion. All such attempts are met with a measure of skepticism initially. That is only prudent. After all, this is a tale of intrigue, deception, impersonation … The stakes are far too high to simply accept all newcomers claiming to hold one of the keys to this puzzle at face value. However, not only wisdom, but simple compassion dictates how we respond to such messengers, particularly in the public eye. Well meaning people can and have been hurt by the reckless disregard of some of those intent on seeing this fiasco to its conclusion. A basic tenet that I learned while training to be an emergency care provider would serve us well here … First, do no harm.

In this particular case, a genuine and viable asset has likely been driven completely away. We must entertain the real possibility that this person does indeed have information that could have a major impact on the final outcome of this proceeding.

To the individual who presented themselves recently as Martina’s Martini on the Fascination with Kimmer threads within the Low Carb Friends forum, I offer a sincere apology for any unfounded accusations that may have been leveled in your direction by some of those intensely focused on this particular quest. These are good people who, at times, get a bit caught up in the moment. But friendly fire, regardless of the intention, is never justified. We simply must stop the fratricide if we are to distinguish ourselves from those whom we oppose.

Fellow searchers, please exercise wisdom while pursuing leads, whether the subject is Kimkins or the Magic Chicken Diet or the next scam down the line. Speculation with a basis in facts, even if limited, is far different than arrows simply shot in the dark. Words do wound. And those words espoused on the internet will live on for a lifetime.

Is It Fair To Question Bonnie's Business Ethics?

2008-02-12T14:10:00.000-06:00

While observing the latest insane blog entries and postings surrounding the Magic Chicken Diet, I have begun to consider the words of the diet’s promoter, Bonnie Luper, and her husband, David, in a bit of a different light. Bonnie has stated in numerous places that she is a Christian. She has also said that she believes that God himself directed her to share with the world (after they paid a fee, of course) just how she lost all of her weight. While the public at large may find humor in that claim, there are those of us that take invoking the name of the Lord quite seriously. I believe Bonnie is counting on that. What, perhaps she wasn’t counting on, is many of us also consider it equally serious just what we do attempt to claim as the Lord’s business, so to speak.

I began contemplating just how we, as Christians, are to conduct business in the marketplace. Are we held to a higher standard? Is that standard man’s standard or God’s standard?

Let me say, right out of the gate, that I do believe Christians are held to a higher standard, and rightfully so. I believe that standard is set for us by God, clearly laid out in Scripture. God is God all the time, in all areas of our lives, including while we are practicing our vocation. He sees all, He hears all, He judges all.

A very good resource for guidance in this area is offered by Chris Forbes, the founder of Ministry Marketing Coach. One statement that he made really resonates with me, and while it is directly speaking of the advertising tactics of churches, I believe it also applies to the advertising tactics of individual Christians engaged in business and courting the Christian market.

“Some churches, it seems, are more likely to ask “What would Machiavelli Do“ than What Would Jesus Do?. They tend to function as though the end justifies the means when it comes to marketing. Their Machiavellian tactics lead them to feel justified in misleading people, stealing other’s property, tricking people and manipulating them psychologically.”
source: www.MinistryMarketingCoach.com

So, what does any of this have to do with the Magic Chicken Diet? Plenty. This is a web based business which revolves around the claims that the founder – Bonnie Luper – lost an incredible amount of weight after creating her own eating plan. There is actually nothing new about Bonnie’s eating plan. A quick Google search turns up any number of diets revolving around the use of chicken: The Chicken Soup Diet (a small breakfast, then chicken soup for the rest of the day), The Chicken Diet (basically replacing beef in your diet with chicken) – in fact, chicken is a mainstay in pretty much any diet program out there. It is quite healthy, actually. Maybe Bonnie believes that what makes HER chicken diet proprietary is just that right combination of chicken and sugar free (or diet, as she calls it) Jell-O. Who knows? The fact remains, though, that the actual eating plan that she puts forth is not really “magical” at all.

Does Bonnie, as a Christian using that information as a benefit of doing business with her, have an obligation to market her diet website any differently than any of the other multitudes of hucksters out there? I believe she does. If she wants to invite people to join her for support, and pay for that privilege, then go for it, girl! Instead, she is baiting people to part with their hard earned money to find out her “secret”, which isn’t so secret after all. She misleads people to believe that she has that key to weight loss that so many have been searching for to no avail.

Perhaps her secret is in the self talk she gives herself, or sniffing food that tempts her. Maybe it’s giving away her “fat” clothes as she grows out of them, or wrestling her mind for control over her own body. Whatever works for her – more power to her. For her sake I do hope that those things are enough for her to actually maintain her short lived loss. Like most folks, she is likely to discover that once she starts to increase her calories to nourish her body the way it will start screaming to be nourished, she will rapidly regain the weight. Unfortunately that is a side effect of a very low calorie, low carbohydrate diet. But, I digress. That is not the focus of this blog entry.

Bonnie has a responsibility to deal with us in a fair, honest and accurate manner when marketing her website, and I, as one in a growing number of people, do not believe she is doing so. In the real world there is a word for that. Fraud.

And before you start to cry “Fowl!”, Bonnie, because other people may have taken what you believe to be yours, remember that YOU are the one who is claiming the name of Christ in your business. YOU are held to a higher standard. YOU are to be the example. There is a great irony for someone to complain that their diet secrets have been somehow violated when they (I’m talking about YOU now) began their venture by requesting someone clone another business’s website – a business that closely resembles your own. That is, quite simply, stealing. Unless, of course, you had the consent of that website’s owner. (Please feel free to clear the air right here in this blog by commenting.)

Beyond that, though, is something far more troubling with this entire situation. The responses that Bonnie has made, or others have made on her behalf, have been filled with virulence. Much of the ranting, for instance, on the MagicChickenDiet.net site, written, presumably by her husband, David, have bordered on vulgarity. So have many comments posted and left in view on their Stoney Creek Candles website.

Here are a couple of examples of what I’m talking about:

Why Bonnie Why….
Why don’t you give up this insanity of your slim body because you surely can’t be happy in that different figure you now have. You are a 50 year old grandma, so act like it. You are supposed to be waiting on your husband. Diets are so faddish. You start your insurance job Monday and you are going to be miserable there. There is nothing fun with being a slim old lady, 50 yr old grandma at that and sitting in some stuffy insurance complex building. You will be bored to death. That is so selfish of you. Think about it and listen to me. You’ve gotten so slim and fancy and you are a bad person for doing that chicken diet in the first place. Google the Internet and listen to these good people talk. They are all trying to help you and bring you back to your senses. They are talking about you because they really care about you and your husband does to. Remember when I played with our stoney creek candle site and messed it up and all that they have said about me. Well they are right and it was for my own good. What right do I have fooling with Stoney Creek Candle website. I must be a moron to play with websites at 55 years old. And guess what else I have learned from these loving and caring people on the Internet. It is against the law to put that Google adsense stuff on a fat people website. Fifty-five year old men should never be fascinated with the Internet because one of them knows as they said he is a moron. Like to shake his hand. Remember: Fat Rules
David Luper 817-238-8852
no guarantee that I can help guys, sorry

Goody Bags for Our Young Brave Troops but…
At it again huh! Somethings Up. We can smell a rat. Bonnie and her sister Wanda have just loaded up a bunch of goodies from some of Stoney Creek Candle business customers to send to our very brave young men and women overseas that have volunteered themselves for our country. Mostly razors, shaving cream, soap and even some lotions for the brave young women. Afterwards they are going to service some candle accounts. It never fails though that this mean ol Bonnie girl will run into one of her old friends (it nearly never fails) while servicing the routes and they don’t even recognize her. That is Bad Bad Bad we have to put a stop to this now.
NEWS FLASH: I think while Bonnie and her sister Wanda were getting ready to go to Wanda’s church to deliver the goody bag to send to our troops I believe they maybe fell in that nasty chicken pooh I was able to get these girls DL#’s and SSN’s. Here they are Bonnies 1st: ######## and Wanda’s ########. If this is illegible or hard to read then just F### it as we will make up a boat load of stuff on them. That slim trim terrible Bonnie especially. How dare her to do that to her body. Who’s body does she think it belongs to? Her maybe? Huh…
PS: Sorry guys but I can’t post the number anymore. I have had a number of calls and if any of you guys try to set your wife straight then just make sure that there is no woman around by the name of Sandy Lipton. She gave me what for up one side and down the other. Fat Women Rule….. they so fluffy and hey if there are any guys out there just remember we have got to stick together. And a double ps don’t tell yucky about this as I believe she is the ring leader and she will really be HOT! (concealment of numerical data was done by the original author)

So, I read this garbage, then, lo and behold I find an advertisement for The Magic Chicken Diet, in, of all places, the Christian Business Directory. As a Christian that depends on this publication locally, I was appalled to see that such a reputable organization was inadvertently being used by people who want the benefit of the Christian purchasing block, without feeling the obligation to conduct themselves accordingly.

I promise, Lupers, that I will object to each and every such advertising attempt that I come across for any company you choose to operate as long as you show a propensity to participate or support such derogatory language and innuendo, and for as long as you continue to display the habit of threatening legal action with those who have the nerve to complain about your business practices. If we Christians around the world are not willing to stand up and hold our own accountable then we deserve the ridicule of the world for our conduct.

Nothing torques my nut worse than someone using the name of my beloved Savior, to further themselves at the expense of others. Such behavior makes a bad witness for the cause of Christ.