Whirled Musings

Across the Universe with Cosmic Connie, aka Connie L. Schmidt...or maybe just through the dung-filled streets and murky swamps of pop culture -- more specifically, the New-Age/New-Wage crowd, pop spirituality & religion, pop psychology, self(ish)-help, business babble, media silliness, & related (or occasionally unrelated) matters of consequence. Hope you're wearing boots. (By the way, the "Cosmic" bit in my moniker is IRONIC.)

Wednesday, February 05, 2014

Kevin Trudeau update: Katie still caged, while GIN & WIN continue propaganda wars


Oh, goodness. February is already five days old and I've been away from my Whirled for most of that time. I did share some of the latest updates regarding serial scammer Kevin Trudeau and his latest court hearing, but it's time for another update. I swear, really I do, that eventually I will get back to my roots -- to the foundation on which I built this Whirled. In other words, I'll write about something besides Katie and his scammy Global Information Network (GIN), which is now out of his control but not dead yet. For now, though, it's back to the Katie saga.

First of all, as noted on the post linked to above, and as you may have known even if you didn't read that post, the upshot of that January 30 hearing is that Judge Robert Gettleman denied Perry Kiraly and gang's motion to intervene (more on that below), and Katie is still jailed on his civil contempt charge, with the next status hearing scheduled for March 19. On the criminal contempt charge he awaits sentencing, currently scheduled for March 17.

As reported by James Hill at ABC News, among several other mainstream journos, Katie pleaded for mercy and even half-jokingly volunteered to be waterboarded to prove he was telling the truth, in lieu of being in the clink even one more day. (I had made note of this in my previous post but I'll bump it up here too.) The judge was not amused. In fact he threatened to leave Katie in the MCC indefinitely, even past his criminal sentencing date, until Katie can purge himself of the civil contempt charge. And he noted again that no matter how long Katie stays in jail on the civil charge, it won't count at all as time served for the criminal one.

Here is a link to the the order signed by Judge Gettleman at the hearing on January 30. Mainly this document concerns the judge's reason for denying Perry Kiraly et al.'s motion to intervene, but as indicated above, Judge Gettleman also stipulated that Trudeau must stay in jail for now on the civil contempt matter.

Here is GINtruth.com's Bernie commenting on some of the latest events.

Meanwhile Katie's phony jailhouse posts on Facebook continue, though not as frequently as before.

Perry and his Shimkos: down but not out
Although I previously reported that the Shimkos had been defeated in court, Perry apparently does not see it that way, and says that his Shimkos are prepared to go on fighting. Couple of days ago he sent this out [there are a few Cosmic annotations in this one. Also note that the embedded links to the Receiver's Report of Jan. 28 are my additions]:

From: Perry Kiraly
Date: February 3, 2014 at 3:02:43 PM EST
To: undisclosed-recipients:
Subject: SWGF Update 02-03-14

SWGF Update: PERRY KIRALY

February 3, 2014

Dear SWGF Supporters,

Okay the details you’ve been waiting for: What exactly happened in court on January 30th?

Well the hearing was very brief regarding our motion to intervene; to paraphrase the gist of what was said the court began with stating that it hadn’t seen the complaint from the interveners and didn’t really know what it is they wanted. Mr. Shimko then responded with his first of approximately 10 words total allowed by the court and expressed that the interveners did in fact file a complaint (note: the complaint made it clear what the interveners wanted).

The FTC attorney then reminded the court that yes the interveners did in fact file a complaint and the court responded stating in essence it didn’t matter because the court was denying the motion to intervene based on untimeliness – specifically stating that the interveners should have filed their motion in 2007. Yes 2007, some two years before the club was launched.

Mr. Shimko then asked the court, "may I be heard?" and the court said "No. Counselor, if you don’t like my ruling, you can appeal it."

The only other relevant comment by the court was in relation to the Receiver. The court suggested that the interveners might have an issue in another court or venue and if they, the interveners (or GIN Members) had an issue with the Receiver’s activities in its handling of GIN FDN the Receiver would have to deal with that on his own with his own budget. This might be of interest to Inner Circle members and others financially harmed by the Receiver’s handling of GIN FDN business commitments and affairs.

So where does this ruling denying the motion to intervene leave the members of GIN - that would like their voice heard and their property returned? Well, in my opinion, it actually leaves the members of GIN in a potentially more powerful position than had the motion to intervene been granted. And here’s why:

Denying the motion gives the interveners standing to file an appeal of this ruling in the 7th Circuit Federal Court of Appeals where three judges unassociated with this case will decide the issue. It also gives us the right to immediately file a motion for a preliminary injunction against the Receiver, which right we did not have in front of Judge Gettleman until he granted our motion to intervene. By denying our motion to intervene, we now have the right to seek an immediate injunction in the Federal Court of Appeals.


The chances of success in an appeal are excellent according to Mr. Shimko since the court essentially made a ruling on a motion it admitted not reading both sides of, and denied it for a reason that was impossible to know at that time by GIN Members. The court stating it did not see the intervener’s complaint, and did not know what it was they wanted, essentially expressed it did not read the interveners motions or responses to briefs in opposition. The court further stated that the interveners (Members of GIN) should have known about this situation at a time (2007) the Members could not possible have known about it since GIN was not even in existence yet.
[While it seems like a Catch-22 situation, it appears to me that in reality the court essentially said that intervention was not appropriate in this specific civil case, which has been going on since 2003 -- particularly since the intervenors did not specify whether they were plaintiffs or defendants. Whether the judge read every word of the Intervenors' complaint or not seems irrelevant. Here's that link again, so you can read the judge's order and decide for yourself. I realize that this one document did not record everything that went on in the court room on January 30 but nevertheless it appears that the legal issues and the judge's reasoning are summed up in the document. ~CC ]

Once an appeal is filed a motion for injunction can be filed to stop the Receive from doing anything with GIN FDN assets and cash. If the Receiver is stopped from selling or using GIN FDN assets, including the now 4+ million dollars of Members’ dues & fees under its control, the GIN Members that wish to buy those assets will be in a powerful negotiating position pending the appeal.

This is so because GIN FDN is losing more and more members every day and is not profitable with the Receiver there, when taking the Receiver’s fees & expenses into consideration, as shown by the Receivers own report (see attached Receiver 2nd Report released 01-29-14
[actually Jan. 28 ~CLS]).

In this report the Receivers released the actual active GIN membership numbers which are in line with what the interveners stated in an earlier release. The interveners stated there were less than 4000 GIN members currently "the Receiver listed the exact number to be 3908, down 45% from after the Receiver came in in August 2013 (see middle pg.2 of the attached report of 1-29-14).

The Receiver’s report further states that GIN made an approximate profit of $118-thousand per month excluding the Receivers fees & expenses (see pg.2 bottom of Receiver report of 01-29-14 attached below). Thus if the Receiver’s fees and expenses are included, of between $125,000 to 175,000 per month, GIN FDN is not profitable with them there.

Further it has been suggested that GIN is not going out of business but in the Receiver’s report it is also interesting to note that they mention now trying to sub-lease the GIN FDN’s office space to save on lease obligations as well as additional staff layoffs to the already significant layoffs to date (see top of pg.2 of Receiver's report of 1-29-14).


Why is this information important? It is important only for the remaining GIN Members that wish to either purchase the GIN assets or have them returned to them at a significantly reduced price.

And therein lays the first golden opportunity. This opportunity is only an opportunity for those that wish to remain with the legal entity known as GIN FDN or acquire, or compel the return of, its assets on principal if nothing else. I list it here because this was the initial focus of the Stand with GIN Fund (SWGF).

The Stand with GIN Fund has accomplished its initial goal of putting the remaining GIN Members in solid legal standing with the court to have a voice. All GIN Members now have legal standing in the 7th Circuit Court. If those that have expressed a desire to purchase the GIN FDN assets or better yet have them returned to them for little or nothing here is your opportunity.

Vote, as described at the end of this update, to have Mr. Shimko file the appeal and injunction and then, if the motion to enjoin the Receiver is granted by the 7th Circuit Court, which is very likely, you will have control of the GIN assets for 7 to 8+ months pending appeal to negotiate a favorable arrangement for the return of GIN FDN’s property to the remaining membership.

SWGF also accomplished an ancillary benefit to the current and former Members of GIN FDN, especially Inner Circle Members. The court in essence stated that the Receiver will have to answer for any improprieties in fiduciary responsibilities with its own budget during its stewardship of GIN FDN. A class action suit is now an option for the collateral damage caused by Receiver interference of GIN FDN business.

Finally, what I, Perry Kiraly, consider to be the ultimate achievement which grew out of the SWGF’s goal to be free from interference; and where the most Golden of the golden opportunities lie is the creation of the World Information Network Foundation LTD or WIN.

WIN, as recently suggested by the Receiver, was not created as a competing club to GIN. Quite the contrary; it was initially set up as a sanctuary where former GIN Members could go. A place free from interference, A place where those tired of funding the Receiver to dismantle what they grew to love, could rebuild. WIN was set up as a place to go where Members are not considered "customers" as the now Receiver/GIN Co. labels them; but a place of reuniting as Members of a family.
[There's that familiar meme used by cults and MLMs alike: "We are family!" ~CC]

WIN is not interested in nor in need of that which many of its supporters possess and can freely share with those they consider their family just as one can share a CD of a favorite song.
[In other words, if we can't charge out the a$$ for it and possibly make some money for ourselves, we ain't selling it. Or am I just over-thinking this? ~CC]

WIN knows where to acquire and has access to the highest level materials which enable one to be happy, and free in ways most couldn’t possibly imagine
[where does this magickal material come from? The Church of Scientology? Xenu? Do tell, Perry. ~CC] ...And WIN can truly provide those higher level materials which will pick up where others before us have left off. And enhance the levels others have since passed through. [This seems like a transparent effort to invalidate the existing GIN material, most of which is now available for free or cheap, at least up through Level 5. ~CC]

WIN now consists of individuals from all over the world; some of the best of the best that recognize the only way out is through. Individuals with the courage to stand up, individuals with the courage to confront and fight and pass through the battleground and fire of circumstances, and prevail.

WIN is now in the process of building its structure and content with the mission, as stated on our web-page winfdn.com of providing the tools, training, events and gatherings that will enable all who wish to take part in and practice them the ability to create whatever they truly want in their life.

This recent court ruling has fulfilled SWGF’s mission. It is complete and two golden opportunities are now before you.

One, utilize the legal standing SWGF has provided and fund the furtherance of a power position to reclaim what’s left of the GIN FDN and its content by way of an appeal and injunction. And know that time is of the essence to act upon this option for there is a short legal deadline on filing an appeal.

And two, transition from that which has fulfilled its purpose - join us now in WIN and help create and be a part of the vision of those willing to do whatever it takes to be happy and free.

Or, as a third choice, vote for both. Utilize the SWGF to take back control of the GIN assets that were so violently taken from GIN Members and support and be a part of the creation and development of WIN – the future home of the highest level training and fighters and advocates for personal freedom this world has ever known.

The choice is yours. Let your vote be cast in whichever endeavor(s) you fund. The method to fund either or both is the same. Go to swgf.info and click the "Donate" button for SWGF and/or WIN.
[Or donate to the Cosmic Connie cause. Just a suggestion. ~CC]

My blessings to all of you no matter what you choose.

Thank you,
Perry Kiraly*

*As a post script to this update, let me make it clear that I am a citizen of the United States of America and have exercised my 1st Amendment right to express my opinion herein. I am not a lawyer and nothing in this update/opinion should be construed as legal advice. The information herein is my personal opinion and provided solely for educational purposes. The opinion expressed in this update is not meant to suggest or encourage any course of action without consulting with an attorney or one licensed to practice law. Everyone must evaluate and make up their own mind on any course of action they take.
Old scams never die, they just rebrand
Though the fate of GIN remains in the hands of the court for now, the remaining GIN staff is busy with the rebranding effort, although they seem a little paranoid about what they are willing to share on the fairly-recently redesigned web site. Apparently most of the real info, such as it is, requires a login.

But I have to give them props for the rebranding efforts. Gone is that stuffy old logo that was deliberately designed to look like the seal of numerous government agencies; gone are the staid gold and royal blue color themes. It's all been replaced by an orange and blue motif, set off by a modernistic, faintly sinister looking logo that looks like a combination of a power button on an electronic device and half of one of those portable prayerwalking labyrinth things. I suppose orange and blue is what marketing experts consider a winning combination.
A 2011 piece on the shopify.com site says:
Orange radiates ambition and energetic warmth. It also represents passion, originality, and fresh beginnings. Orange paired with cool shades of blue can give off a positive and exciting vibe.
Here's more about colors and branding, from Fast Company.

Orange and blue apparently worked for AT&T Mobility after they took over Cingular Wireless. You might even say that it's been working for the Denver Broncos, notwithstanding that Superbowl 48 fiasco. Now maybe it'll work for GIN, assuming they intend to keep the color theme and design after GIN is sold. Or maybe that whole orange bit is kind of a solidarity statement to honor their fearless ex (for now) leader, who is rockin' the orange himself these days at the MCC.

Anyhow, the GINfolk, not to be outdone by Perry and his pals, are busily spewing their own drama-laden propaganda. This past Friday (January 31) the Kramers at the GIN store (reportedly they are among the contenders who are scrambling to purchase GIN) sent out an email promoting "GIN Strong" T-shirts and hoodies, with a pic of headless models sporting the gear in lovely shades of blue and orange, respectively.


STAND GIN STRONG!
Dear Fellow GIN Members and Associates,

Our club has seen its share of controversy in the last several months. The mainstream media, government agencies, internet cynics, ex-members and other people who do not share the values and the vision of GIN have been obsessive in their efforts to try and shut GIN down. They want us to be denied our freedom of association as club members. But they don’t know who they’re up against!

It is a beautiful thing when thousands of members, who are well trained in the greatest philosophy of personal success ever known to humanity, have taken a stand for our club and have committed to not only remain in GIN, but look forward to growing it beyond anything we can ever imagine! Some people long for GIN to be restored to its "former glory," but many of us believe wholeheartedly that GIN’s best days are still ahead of us!

Many of the greatest movements in history didn’t fully take off until they found themselves in their darkest hours. But once they made it through their wall of fire, they were unstoppable! But the success of these movements was only possible because of the steadfast dedication of their members, and their ability to hold true to what they believed in despite the most persistent opposition. GIN is going through its own wall of fire right now, but remember this – when you’re taking lots of flack, it means you’re over the target!

GIN WILL pull through these days. GIN WILL regroup, recover, and RISE AGAIN! We believe it; let’s create it!

At the GIN Store, we are 100% dedicated to seeing this happen. Our mission is to edify, support and uplift GIN and its members. To help fulfill this mission, we have created a new and unique line of GIN STRONG merchandise for Members and Associates to help you declare your support for GIN to the world! This new line of products consists of T-shirts, Hoodies and Jewelry for you to proudly wear for all to see! This is an excellent way to not only declare your loyalty to GIN, but to support the organization itself, as well as to have something to commemorate this pivotal and defining moment in our club’s history. Watch as your inquisitive friends and family see you sporting your GIN STRONG gear and wonder what it is that gives you that sense of purpose, that spring in your step, that zeal for life, that certainty that your dreams are coming true!

Stand up for your club! Stand GIN STRONG!

To purchase a new GIN STRONG T-shirt or hoodie CLICK HERE


Our line of GIN STRONG exclusive Jewelry is coming soon!
Jewelry! Oh, I can't wait.

Just in case you didn't get enough drama from that, here's one of the latest missives from the GIN web site. Someone had to get this for me because I don't have a login. I think they've even blocked my IP so I can't use anyone else's login. Oh, well. Their loss. Think of the wonderful publicity I could give them. Anyway, here is the post-court-hearing rundown from the GIN office.

GIN Facts
January 31, 2014

Dear GIN Members and Associates,

We are committed to provide you with official, ongoing, transparent and factual updates and position statements. Below are the trending questions that we have received over the past week:

On January 30, did the Judge say that GIN will not or cannot be sold?
No. The Judge did confirm on the record that it is the Receiver's intention to sell GIN as a going concern. There was no talk about shutting GIN down.

Is GIN currently accepting new Members?
Of course! GIN is accepting new Members and Associates every day. We are open for business and pleased to welcome our new Members! Due to recent price restructuring, we have allowed for our exclusive club to maintain a high level of integrity while making the club accessible to a wider range of like-minded people.

When will the next Level V Test or Level VI Training be scheduled?
We are happy to announce a Level V Test and Level VI Training in Chicago, on the days before the first GIN PowerUP! event on February 22. If you are interested, please contact Support@GlobalInformationNetwork.com and an Account Specialist will help you. GIN Staff is working diligently on scheduling more tests and trainings in the coming months. We know that Members are excited to expand their minds and get to a level of unconscious competence. Keep an eye on the site or check your GIN Newsroom for further scheduled trainings.

When is the next major event?
We were all a little disappointed in January. As Members, we all count on the positive vibrations and energy of the sea on our GIN Leadership Cruise. The good news is that we are still hoping for a late spring or early summer major event. Venues and locations have been researched, and pending a transaction and a new owner(s) decision to move forward with the event, GIN Staff is ready to go.

Will Members of the LRT be representing at PowerUP! Chicago?
Yes!

Will there be any Member seminars included in my GIN Membership?
Currently GIN has a Dr. Morter seminar and a Dr. Dale seminar scheduled and GIN is accepting registrations FREE for all Members. The one day Member seminars will continue.

Why is there a fee for PowerUP! events?
The PowerUP! events are a new concept, introducing a whole lineup of speakers and fresh innovative training blended with some of our legacy speakers and fundamental GIN training. These impactful events will likely all include a social event for fun networking with our GIN family! Register for PowerUP! Chicago today and meet us later that evening at Hofbrauhaus Chicago for some live music, German grub and a few shouts of ‘PROST!’ Remember, you can attend PowerUP! Chicago for no cost! If you have become a Member of GIN or have personally enrolled a new Member into GIN since January 1, 2014, email our Member Support Team at Support@GlobalInformationNetwork.com and an Account Specialist will help you register for the event at no cost!

When will the website have more translated material?
GIN HQ is active in continued efforts to make GIN available to more Members across the globe. Audios, videos and written materials are being translated and made available upon completion. The French website is our current priority, however we are moving forward with Spanish and many other languages as well. THIS IS WHERE WE NEED YOUR HELP! If you are interested in helping with audio or written translation, please reach out to our International Liaison at Translation@GlobalInformationNetwork.com.

Have the Receivers hired their own GIN HQ Staff?
No. The GIN HQ Staff is the same staff that has built the club from the ground up. There have been no newly hired employees while under receivership. Come see us in Chicago at PowerUP! as we miss our GIN family!

How do I find out more about participating in the purchase of our club?
Although we previously directed you to contact the LRT about a Member acquisition, we are finding that Members are actually gathering on the GIN Community to discuss interest and possible future plans. Please reach out to your fellow GIN Members via the Community for more information.

When will the Receivers be gone?
The Receivers have begun discussions about a potential sale. As the club is sold to a buyer or buyer group, the receivership over GIN would come to an end. Only assets are sold to the purchaser. All liabilities will remain with the estate and will NOT be the responsibility of the new owner. For factual information about GIN’s current status, please read the newly released court documents.

That is all for this week, stay tuned!
As I noted above, when it comes to sharing info the GIN site folks like to play it close to the vest. Even their FAQ page isn't very informative. Or maybe they're just hiding the Q&As from the riffraff such as moi.

And the pages with the legal stuff also betray a distinctly suspicious nature, one case in point being these items on the Membership Requirements page:
3. MEMBERSHIP REQUIREMENTS  
3.1. You represent and warrant that you have been referred to GIN by a Member and/or an Affiliate that is currently in good standing.

3.2. You represent and warrant that if you are an employee, agent or other representative of any federal, state or other governmental agency, including without limitation the Federal Trade Commission or the Food and Drug Administration, you agree to comply with the terms stated in 3.5

3.3. You represent and warrant that if you are an employee, agent or other representative of, or otherwise affiliated with, any media outlet or organization, including without limitation any news or entertainment publication or broadcast agency, you agree to comply with the terms stated in 3.5

3.4. You represent and warrant that you are not falsely representing yourself as a consumer and you further represent that you will not share material, ideas, or intellectual property from the Global Information Network in any way for use in other businesses, media outlets, or potential lawsuits.

3.5. GIN reserves the right to reject any membership application for any reason or no reason at all, in its sole discretion. If you are now or ever have been a member of the Media (print, web, radio or television) or Regulatory Government Agency, please submit your request in writing to join the Global Information Network at compliance@globalinformationnetwork dot com. Approval is at the sole discretion of the officers of the Global Information Network. You will be required to provide proof of identity along with details of your role within that organization. Any person or agent who falsely represents their intention when joining the GIN Affiliate or Member organization, is subject to immediate termination from the organization.

3.6. Any Sponsor who knowingly endorses a member who is intentionally defrauding and/or not pursuing the best interests of the Global Information Network is subject to suspension or termination of their membership. If you suspect that you may in violation of these terms, please email the Global Information Network at compliance@globalinformationnetwork dot com for clarification.
But actually one of the first things I noticed was that GIN is still described as a "multiform foundation established Nevis," and furthermore...
9.6. The party that wants to initiate arbitration shall call a well-established arbitration organization in the country of Nevis and request arbitration with a single arbitrator to begin on a date and time that is mutually agreeable to both parties and the arbitrator, but no later than fourteen business days from the date of the request. The party that initiates the arbitration will notify the other party in writing of the arbitration within one day of making that request.

11.2. This Membership Agreement will be governed by and construed in accordance with the laws of the country of Nevis, without regard to its choice of law provisions.
Some things never change.

But some things DO change.
Within the past few days, a couple of ex-GIN members who were, until quite recently, passionate defenders of Trudeau and GIN, have come forward with heartfelt posts in some of the Facebook forums regarding their change of heart. In both cases, revelations about the totally unethical way GIN was being run for years was the big factor in the reversal, and it appears that much of the damning information that influenced their decisions was info that had come out in the court documents. In the end, though, it was their own soul-searching that led to their decision to stop supporting Katie and GIN. One of them pointed out that people who cling to irrational or destructive beliefs will never be won over by ridicule -- something that I have taken to heart, although no doubt I will continue to ridicule the scammers and some of their more nefarious enablers.

When and if I get their permission to quote these people, either by name or anonymously, I will do so. For now, suffice to say that I applaud them for their decision to turn their back on Katie's scampire, and I wish them well. The big sick machine will still go on and on, and there will be no neat and tidy endings... but individual hearts and minds can be changed. 


PS ~ If you'd like to send Katie a nice postcard or letter telling him how much he has changed your life, here is the address -- for now, anyway:
Kevin Trudeau - 18046036
MCC CHICAGO
METROPOLITAN CORRECTIONAL CENTER
71 WEST VAN BUREN STREET
CHICAGO, IL 60605


Tell him Cosmic Connie says howdy. And don't forget to leave a birthday wish on his public Facebook page tomorrow, February 6. He's already getting birthday wishes from people in parts of the world where it's already February 6.


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