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A Roxx Suit? El Tough-o Shit-o

Porn Valley- Gene sez: I spoke to a buddy, XXX, today who’s basically a professional litigator. He’s not a lawyer, per se, but you could say he’s from the street firm of Dewey, Cheatham and Howe. In other words, he’s been on the receiving and giving end of dozens of lawsuits. I asked him what happens if Lara Roxx were to sue or try to sue the adult business or someone in the adult business. He laughs.

XXX: Regardless of whether Lara Roxx was here legally or not, the burden of proof in a suit is square on her shoulders. That’s the way I understand it. Unless it’s a debt and there’s an invoice of $10,000 that’s pretty much the invoice. But if you sue for, you gave me AIDS or you gave me this or that, yeah, she’s got to prove it. The defense will say, no, we deny all charges; and then she’s got to subpoena people to testify to prove that she was on the set. And if she had been on other sets that month, obviously the defense is going to drag all those people into it. How do you prove she got it from that? If she says she’s going to launch against the entire industry, what is she going to do? Go to the corner of Hollywood & Vine where it says porn industry and we all hang out there? Let’s say she worked for 30 different companies, her attorney would have to file 30 different suits to handle this thing. You can’t just sue the entire adult industry.

Because you have to be served to be sued. If I’m served they knock on my door- a guy says you’re served. You have to be legally served. She would have to name all the companies and they’d have to be, each, individually served. And her attorney would have to spend the time to do that. Unless she’s paying him, which I doubt it, which means he’s probably taking it on contingency. That means he believes there’s deep pockets here that he can get some go away money. This could go on for 2 or 3 years. As the attorneys say, they can slow walk it through the court system.

Let’s say for discussion’s sake she goes after one producer. Say TT Boy. Now is this company a part of a holding company? Is there another corporation that holds that company? For discussion’s sake let’s say she prevails. The jury cries and she prevails. She gets a judgment but it may be against a company that has no assets. And if it’s against TT Boy individually, he could be judgment proof. A lot of the owners and companies in this business are for the most part judgment proof. I’ve had judgments against quite a few of them and only one time was I able to collect any money because this might have been the company you got a judgment against but that’s not the one who owns the masters. And you don’t know that when you sue. And it’s not their obligation to tell you.

And then TT Boy’s home might not be in his name. His home might be held in trust or a family trust which keeps it out of harm’s way. If, all of a sudden, for discussion’s sake, he had $300,000 in the bank and he knew he was going to lose this he could put it all in an IRA or a 401K plan and they can’t touch it. That’s the O.J. move. Get it out of your hands into something else. I’ve dealt with a lot of attorneys and most of them have said the easy part is potentially getting the judgment. The hardest part is, is there anything to get their hands on? A lot of them say they’ve had judgments for years against people with no assets. Smart people, and a lot of guys in our business are very savvy with offshore companies, Bermuda corporations.

For instance, ABC Porn Company is owned by a company you never heard of. Or that company is the company you write checks to and later you find out if you think you’re going to own ABC Company as a result of a judgment, not really because the masters are really owned by a leasing company that’s part of a holding company that’s part of another company. It happens all day long in this business. What eventually will happen is she might be able to jump up and down and say she’s right but will leave with nothing. Her attorney will get nothing. And in three years the potential for her getting counter-sued for felonious suit is there too. She could be pounded to death with counter suits for fraud.Again, the attorneys have this wonderful line.

She could say this PROVES I caught it on his set. No it doesn’t. It’s an argument. Nothing proves anything in a court of law. Nothing. It’s just all an argument. And until you stand before a jury or a judge, and both sides argue, and that’s the key word, ARGUE their cases, you never know. I’ve heard this a bunch of times. You go by the courthouse every day and there’s a lot of people and attorneys kicking the walls and banging their heads against them because they didn’t expect they’d lose.

The jury is the final judge and this is a very tricky case. Did you catch AIDs exactly on my set? Let’s just say she sues and picks five producers and their names and they’re served. And it’s under way. Well now her whole past sexual life is coming into play. How many people did you sleep with? 350. And you’re able to pin it down that you caught it on my set? Have you traveled to Brazil? Have you traveled out of the state of California? And, under oath, she’s got to tell the truth. If she wants to lie, the minute they catch her lying- did you sleep with A,B.C? No, I didn’t. He comes to court, yes she did. Now there’s a trail of lies and deceit. You can’t use porno mumbo-jumbo in a court of law. Once you get caught in a few lies, the case unravels and starts to deteriorate. So she’s going to have to be 110% truthful about her sexual history. That could be her demise because the jury’s going to look at her and go she slept with 400 guys in the last year.

Here’s an argument, too, for the defense. When they turned up on the set both parties had clean AIDs tests- considered by our standards to be able to move ahead. A good argument but will it prove the case for the porno biz? No. But it’s an argument that when these two people had sex on my set, his test was clean; her test was clean and it was within the guidelines that we use within the industry. What went wrong? Don’t know. It’s unusual. It hasn’t happened in years. It’s going to be tough to prove.

I’ve got one top notch lawyer who’s got a drawerful of judgments. But he can’t execute ’em. Can’t find any assets. And that’s an argument, too: well, we’ll find them! It’s very costly. It’s not just a little search. it’s very costly from what I understand to find and ferret out assets. You sue me today. I own a house, this, this and this. I go, oh, oh. I transfer it. Get it out of my name. By the time we get to court two years down the road you get a judgment? All it has to do is be out of name for a year and it’s a legal transfer. Got any stocks certificates? You can sell them to me. Ninety days later that’s clean. But the time it gets to court if these guys feel there’s liability, they can start dumping assets right and left.

You know why our business is good at this? Because in the early days we all had to be aware that if the Feds moved in, they always came after us under RICO. Seizing of assets. So this business has become extremely educated about assets protection and we’re talking about assets protection against the Federal government. Not some imbecile who’s trying to sue on the come of getting a nuisance suit. In this business we’ve all become educated on how to be at arm’s length from our own property. And even if the guy wasn’t and was stupid, he could pass his assets on to a family member. As long as it’s done before the judgment. Because if there’s a judgment you can’t just start dumping assets. By the time it gets to court all it needs is 12 months to be seeded; 90 days for this, 120 days for that- different parameters. For all I know TT Boy is so insulated at this point and so savvy that a judgment against him could be worthless.

There’s a lot of people in our business who are judgment proof. Okay, we’ll attach their salary. Really? They don’t have any. They don’t have a job. We’ll take their car. Not in their name. I’ve argued this with people and they’ll win something and go I didn’t get anything. Of course not. That’s how the law works. If you’re savvy, you’re protected. Look at O.J. He serves a purpose for the discussion. He had a multi-million dollar judgment against him and they haven’t received $1.98. And he still plays golf. You can’t touch him. There’s no judgment that says you have to live a bad life. Not if you know the law. I think the suit is frivolous and wasteful. Her best bet would be try to figure out- if they can- if there’s any blame and go in and mediate it.


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