UPDATE — We Are Now Representing Marcus T. Bailey… A Victim Of A Particularly Odious Identity Theft…

whopperline-david-wolf-marcus-t-bailey-2016Here is the next chapter on this (see the immediately previous post for background).

I’ve now been formally retained by Mr. Bailey to pursue the momentarily-anonymous racist at PowerLine blog who has purloined his likeness, and made truly awful racial comments, using my client’s face and likeness.

FaceBook is getting me the perp’s real-world details, for service of process purposes.

Here’s what else has transpired, minus all his odious, invective-laced replies. Here are mine:

“…[Yesterday afternoon] David Wolf — Y A W N.

Last chance: Remove the image of Mr. Bailey from your FaceBook page, and the little one you are using as your avatar, here. I am now in direct contact with Mr. Bailey.

After 5 pm today, your theft of the REAL Mr. Bailey’s identity becomes presumptively willful, under the applicable statutes. [You should ask a lawyer what that means.]

The applicable statutes presume damages when you attribute false views and positions to a private person — views repugnant to him, personally — that is, views which that person manifestly does NOT hold.

This is the essence of one facet of identity theft.

Alternatively, I can just forward this entire thread to Mr. Hinderaker, and let him decide whether he wants the headache of discovery motions, about your real identity, your real head-shot, and your real world contact details. As well as his having to review the incoming correspondence from the real Mr. Bailey, about PowerLine allowing a clear imposter to post here under Mr. Bailey’s identity.

I suspect that is not a headache Mr. Hinderaker wants.

Either way, good luck — you are going to need it.

नमस्ते…

[This evening…] David Wolf — keep your shirt on, there sister.

Your silly-arsed-sorry side-show is not even remotely my tenth priority, in life.

And Mr. Bailey is incarcerated, so it will take a moment to get the actual retainer processed, signed and returned. It has to clear the guards’ desk — and the floor watch post, yet. And I won’t act in the courts until I have that from him, in my hands. I am a clever, and yet careful lawyer, you see.

[And it all works nicely anyway… as “revenge is a dish best served… cold,” as Sweet Will taught us.]

But do be sure — we are fixin’ your lil’ red wagon, in due course — in a completely lawful, court-sanctioned way.

So do buckle up, buttercup.

whopperline-hinderaker-race-trope-2016I should also make clear that I have declined your friend request on FaceBook — and now that the FaceBook folks know of your identity theft (courtesy of… me! — you’re welcome!)… you should see your FaceBook account suspended… in the next few days.

But don’t fret — I’ve imaged your profile and details there — for future court pleadings.

I still haven’t bothered to alert Mr. Hinderaker. I’ve decided that is largely pointless, now that FaceBook will handle your deletion directly.

See ya’ in the funny papers, junior.

नमस्ते…

[Late night…] UPDATE: Who knew?! The facility housing Mr. Bailey supports signed and emailed PDFs, and it came in whilst I was out on business, today.

I am now retained, of record, by Mr. Bailey.

You will next hear from FaceBook — where I’ve blocked you. After that, you are likely to hear from the owners of PowerLine. This conduct violates their membership charter, as well. Once either or both of these hand me your contact details (I don’t trust you to give me real details yourself, you small-time fraudster), we will see you in court.

A warning: Mr. Bailey is now represented by counsel. You should not try to contact him. All future communication will be routed through my office exclusively, under his retention agreement. This applies to members of his family as well.

It would have been easier on you, if you had just stopped stealing an incarcerated man’s likeness. I get that you thought it was “cute,” but you’ve blown your chance (a chance I gave you yesterday) to back out semi-politely, now.

He’s on lock-down at most of the times you are posting here — so the proof of your theft of his likeness is right here on PowerLine, time-stamped for the whole world to see.

But whatever. You’ve made your choice.…”

I’ll keep you all posted, right here, in the coming days and weeks.

 

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