|07-05-2007, 01:53 AM||#1|
Join Date: Feb 2007
Location: Beyond the great divide.
Complete Court Report - Icke v's Adams
Well, I'm tired of waiting for Icke to pull his finger out, so here it is.
Contained within is Icke's original complaint against Adams, and then the final 50 page court report on the whole case. The judgement has yet to be confirmed, and I'll post copies of all the updates as and when they arrive. www.Illusionsforum.com has the exclusive on all of these, I'll not be posting them any where else.
Time to make up your own mind.
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MISSOURIEASTERN DIVISION
DAVID ICKE, )
BRIDGE OF LOVE, UK, )
) Case No. 4:06CV00685 ERW
ROYAL ADAMS, an individual; BRIDGE )
OF LOVE, a registered fictitious name; and )
ROYAL PERSONNEL, INC., a Missouri )
MEMORANDUM, OPINION AND ORDER
This matter comes before the Court on Plaintiffs’ Application for a Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction [doc. #10]. A hearing was conducted on December 7, 8, and 12, 2006. Final Post-Trial Brief was filed March 27, 2007.
I. STATEMENT OF FACTS
Plaintiff David Icke (“Icke”) is a resident of the United Kingdom. Defendant Royal Adams (“Adams”) is a resident of the State of Missouri.
Icke began his writing career in the early 1990's and published his first book in 1994. He has written approximately 16 books, notable among them are:
Alice in Wonderland and The World Trade Center Disaster (United States copyright issued May 1, 2006) (Pl. Ex. No. 1);
And The Truth Shall Set You Free ( 21st Century Edition) (United States copyright issued May 1, 2006 ) (Pl. Ex. No. 2);
The Biggest Secret (United States copyright issued May 1, 2006) (Pl. Ex. No. 3);
Children of The Matrix (United States copyright issued May 1, 2006) (Pl. Ex. No. 4);
5. Tales From The Time Loop (United States copyright issued May 1, 2006) (Pl. Ex. No. 5);
6 . Infinite Love Is The Only Truth Everything Else Is Illusion (United States copyright issued May 1, 2006) (Pl. Ex. No. 6);
7. I Am Me , I Am Free;
8. The Truth Shall Set You Free -Second Edition. An individual unique ISBN1 number is assigned to each book title in England. Each book described above has been printed and distributed in the United States. And The Truth Shall Set You Free and I Am Me, I Am Free were originally printed in England.
Icke’s writing was influenced in the early 1990's by his analysis of World events from the perspective of questioning whether the public is truthfully informed, based on reliable information, or if, in fact, other known information exists which is not publicly shared. After conducting research in forty countries, he wrote his first book, R Rebellion, and thereafter self-published. He interrupted his formal education to be a professional soccer player; a professional experience terminated because of a diagnosis of Rheumatoid Arthritis. He became a journalist with local newspapers, then went to radio and eventually joined the British Broadcasting Company as a national news presenter, then as a sports’ anchor. He later became involved with the British Green Party because of his environmental concerns in the mid-1980's. Concluding that the media reported a very superficial view of the World, he investigated what was behind the news to see if what was being reported was really happening in the World, and if the “people who were behind those events were actually truly those people.” (Tr. Vol. I p. 18, l. 3-4).
Icke lives at **EDITED**, Isle of Wight, in England. He is a prodigious author and publisher whose works have international acclaim. He regularly works daily from 6:00 a.m.
1 The ISBN no. is a bar code affixed to each book. 2
until 6:00 p.m., sometimes working seven days each week. No other person contributes any research or writing to any of his written material. He has never made any assignments of any of his work to any other person. He views his books as his children. He designs all of the covers for his books. When he began writing in the early 1990's, his books were published by various publishers until 1994, when he created Bridge of Love -United Kingdom with Linda Atherton who still operates that company, today. He has published all of his books since 1994. Of the fifteen books he has authored and published, those listed above are involved in this litigation. Icke
has never transferred any interest in any copyright to anyone. Icke self-publishes all of his works. He described this process during the preliminary hearing: Well, I come up with the original idea. I write the books, and that in normal circumstances is the end of the journey for the author. It's then passed on to the publisher who does all the rest. In terms of myself, I do all the rest. I write the book. I research the book. I have it proofread, and I pay for that. I have it designed, and I pay for that; all in England. I put all the pictures together. I get the artwork together. I often even come up with the cover designs, and I do everything that involves putting the book together on the final disk which is sent by my book designer, Samantha Masters in Cambridge, England, to the printer and
they then print the book. (Tr. Vol. I p. 30, l. 2-13). He has never granted publishing rights to anyone, including Adams. He has never told Adams that he has any rights as a publisher. In the United Kingdom, he hires proofreaders and artists for illustrations for all of his books, but other than those individuals, no one contributes in any way to the production of his books. He has never hired anyone in the United States to do any of this work.
Icke describes his unique writing style by saying: I set out in the early 1990s to find out whether the world, as we were told it was operating, was true or whether there were other forces that were manipulating events that the public didn't know about. And I started on a journey of immense research, which I funded myself, which involved traveling to more than 40 countries, meeting enormous amounts of people, reading reams of documents,
ancient accounts, people who had knowledge of the subject that I was talking about and researching. (Tr. Vol. I p. 15, l. 14-22) On a book promotion trip in Sedona, Arizona in 1998, Adams, representing himself to be a wealthy individual, “a millionaire” according to Adams, approached Icke after hearing Icke speak at a conference, and volunteered to arrange for printing and distributing of all of Icke’s books in the United States free gratis, because, as Adams expressed, he was so impressed with Icke’s messages in his books. Icke was unwilling to allow Adams to make such efforts on his behalf without compensation, and agreed to pay Adams twenty-five percent (25%) of net profits after payment of all costs on sales of Icke’s books sold through Icke’s organization called Bridge of Love.2 When Icke expanded his business in the United States, he arranged the use of the name Bridge of Love, USA for his works in the United States at an address in Arizona, designated by Icke. Icke agreed that Adams could use the name Bridge of Love, USA as a continuation of the company Icke had originated. Adams used the name, Bridge of Love, in his contacts with the consent of Icke. There was no formal business entity created in any state for Bridge of Love, USA. Adams’ sole role was to arrange for the printing of a sufficient number of Icke’s books to meet demands of all United States’ distributors. Adams agreed to fund the printing of the first three books, And The Truth Shall Set You Free; I Am Me, I Am Free; and The Biggest Secret. Adams made telephone calls to locate potential printers and distributors in the United States upon consent of Icke. Soon after arranging for printing of three books, Adams told Icke that one of his enterprises had been shut-down by the Federal Bureau of Investigation, and he needed money,
Icke began publishing through Bridge of Love with his former wife, Linda Atherton, mother of his children, before Icke met Adams. She continued to operate that company called Bridge of Love UK at the time of the hearing.
immediately. Icke agreed to forgo receipt of his seventy-five percent (75%) share on a temporary basis, until Adams got all of his money back for printing the first three books, and in order to build a relationship of trust with Adams. There was never a written agreement between Icke and Adams. Icke testified that “it was done on a hand shake and it was done on trust.” (Tr. Vol. I p. 33, l. 13-14).
After a year or two, Adams continually represented to Icke that the “company” was struggling to meet printing costs and that Adams was keeping the company going on his “card.” Rather than selling books through overseas distributors that had approached Icke, Icke elected to sell his books for foreign distribution through the Bridge of Love, USA to generate more revenue.
Icke inquired of Adams about revenue being generated on foreign sales. Adams responded that such sales were “minimal.” Icke later discovered that Louise Courteau, a French publisher, from 2001 until June 2006, had been sending Adams money for publishing The Biggest Secret and Children of the Matrix in France. Icke also learned that Adams claimed to be holding $10,000.00 in a trust account that was accumulated from foreign sales.
Adams first engaged Bertelsmann as a printer for Icke’s books. Then, Patterson Printing was later engaged by Adams as a printer, and currently is printing Icke’s books. His books were printed in Great Britain until the late 1990's, until a decision was made to print the books in the United Sates for economic reasons. Some books were then shipped back to Great Britain to Linda Atherton for distribution through Bridge of Love, UK.3 She would then send a check to
Bridge of Love, UK is a totally separate entity which provides Icke with no income, but does provide Linda Atherton and Icke’s two children with income. Icke was married to Ms. Atherton for 29 years. Until recently, Adams has made no claims to anything from Bridge of Love, UK. At some point, it was agreed between Icke and Adams that Patterson Printing would be printing some books for distribution in the United Kingdom. Such sales would go through Bridge of Love, USA, by privilege of Bridge of Love, UK. Adams was to receive his customary 25% share of profits for books sold in the United Kingdom through Bridge of Love, USA. The
Adams “to buy them upfront and in full from the printer . . . . Linda Atherton was very surprised that Mr. Adams insisted that these checks were made out to him personally and not to Bridge of Love, and it was a constant source of bewilderment to her. And only when this was challenged, when we started looking into the financial background of what was happening in America did it suddenly become okay for Mr. Adams to have these checks paid out to Bridge of Love, USA.” (Tr. Vol. I p. 43, l. 22 -p. 44, l. 4)
In the writing and publishing of his books, Icke oversaw everything up to the final disc being created. Linda Atherton would provide the ISBN number. Samantha Masters in Cambridge would put it all together and ship it to Patterson Printing where that company would use the disc to print the book. Patterson Printing would then run a proof-copy of the book, complete with the art work, and send it to Icke for review. Icke would then give final approval for printing. Adams had no input into the production of a book. (Pl. Ex. No.8). Adams had no involvement in the content of Icke’s books:
Q. Now that's not true, is it? You had absolutely no involvement in the books themselves in terms of the content.
A. That's true. (Tr. Vol. III p. 413, l. 11-13).
A Florida company named Bookworld was identified by Adams as a possible distributor for Icke’s books. Icke approved Bookworld as a distributor. Bookworld, after collecting the income from the sale of books in the United States, first took their percentage of sales for distribution charges, then, according to Icke, paid the remainder to Adams “whose role was to
Bridge of Love, UK account has always been maintained separately.
pay the printer to replace the books that had been sold and to split the rest of the revenue; 75% to me [Icke] and 25% to him [Adams].” (Tr. Vol. I p. 50, l. 9-11).
A substantial amount of money collected from Bookworld, 75% of which Icke was entitled to receive, was never paid by Adams to Icke. Icke continued to see widespread interest in his books in the United States, and internationally, but no corresponding receipt of money from Adams was forthcoming. Adams told Icke that unless he wrote another book in 2005, they would be out of business by the Spring of 2006. Icke expressed astonishment! Adams responded that there were a lot of expenses which reduced profits. After Linda Albertson, who had skills as a bookkeeper, expressed concern to Icke over accounting practices represented to Icke, Patterson Printing and Bookworld personnel were contacted in order to get accurate records on the number of Icke’s books4 distributed. Distribution records for the first ten months of 2005 were acquired and reviewed. Mike Wedlock, an accountant hired by Icke, reported that books had been distributed for which no accounting had been made by Adams to Icke. Icke sent an e-mail message to Adams dated October 26, 2005, regarding the lack of revenue being received by Icke in relation to known interest in sales of his books. Adams’ explanation in an e-mail transmission,5
4The Parties stipulated as to the prices for which each of the Icke books is currently selling:
Alice In Wonderland and the World Trade Center Disaster --at Borders - *$29.95;
Tales From The Time Loop --at Borders --$29.95;
And The Truth Shall Set You Free --at Borders --$29.95;
Children of the Matrix --at Borders --29.95;
Infinite Love is the Only Truth; Everything Else is Illusion --at Borders -- $24.95;
6. The Biggest Secret --at Borders --$29.95. (Tr. Vol III p. 325, l. 4 -p. 326, l. 1).
5 Adams’ e-mail address to which Icke responded was <RAdams1825>.
after being confronted with a representation that many books were being printed by Bookworld but little revenue was being received, was that a creditor of Bookworld had gone insolvent and Bookworld was using the authors’ money to pay for capital improvements. (Pl. Ex. No. 9).
When Icke’s accountant attempted to get more information from Patterson Printing, he was told by Patterson Printing that financial information would not be supplied without Adams’ consent. In an e-mail message dated November 16, 2005, from Adams to Icke, he informed Icke that Patterson Printing had informed him that Icke wanted financial information, “[t]hey told me that by law, they have to send this to me, as I am the publisher, and then I can send this off to you. This is news to me. I don’t understand that . . .” (Pl. Ex. No. 11). On November 16, 2005, in an e-mail exchange, Icke states, “Royal ... I am not happy at all with this business over Pattersons. What do they mean they have to send them by law only to the publisher? I thought that’s what I was?” Adams states, “your [sic] the author my friend, I am the publisher but I can get all of that any way. Like I said, I need it al [sic] for taxes any ways.” (Pl. Ex. No. 12). Icke never told Adams that he was the publisher, nor did he ever ask him to act as publisher. As the evidence progressed at the hearing, it became obvious that Adams claimed for himself an expanded role in Icke’s affairs, all without Icke’s knowledge or permission. Icke never discussed with Adams Icke’s approval of giving Adams more authority on behalf of Icke, and it is very clear, that as Icke learned of the unauthorized attempts of Adams to claim more control over Icke and his works, Icke expressed disapproval of Adams’ unilateral actions.
The e-mail exchange continued on November 16, 2005. Icke first writes to Adams, “[s]o what am I to Bridge of Love USA then? Just an author? Adams responds, “Bol is a sole proprietor. This way we didn’t have to deal with stock and all of the complex issues. But David, if something should happen, like I die, you get ALL the assets. I wanted to leave a piece for Caily [Adams’ daughter] but knew you would take care of her. You are the sole beneficiary. Not even Pam any more, as you asked me to take her off and I did. . . “ (Pl. Ex. No.13). Icke testified that he was “staggered’ when he learned that Adams was operating an entity in the United States under the name Bridge of Love as a sole proprietor. He described himself as being in utter shock and as feeling incredibly abused. He thought control of his books was being taken from him. Icke had “absolutely” not given Adams the authority Adams was claiming. Icke had communicated with Bookworld personnel for years. When Icke had conversations with Ron Smith, Chairman of Bookworld, during the time frame of these e-mails between Icke and Adams, Icke began to get e-mails threatening him with legal action from Adams if Icke did not stop talking to individuals at Bookworld. From that time on, until this Court’s order of June 9, 2006, Icke received no more accounting information or figures from Bookworld.
In an e-mail dated November 17, 2005, Adams tells Icke that Adams is paying himself $2,500.00 each month, and sometimes $2,000.00 each month. That turns out to be a false representation. Adams also states that there is $10,000.00 in a trust account from foreign sales, calling the sum a minimal amount. Icke does not regard that sum as “minimal.” (Pl. Ex. No.14). Icke never took any action to set up a trust and has no idea if there are moneys in that trust. Adams also represents in that e-mail message that he paid the Internal Revenue Service $5,000.00 for estimated 2005 taxes and $6,500.00 for 2004 taxes. When Icke saw these figures, he was “taken back,” and began to understand what the accountant, Mike Wedlock, was saying about Adams not accounting to Icke for revenue generated from the sale of books.
From time to time, Icke arranged to speak internationally, and never agreed that anyone would receive any proceeds from engagements Icke arranged. Icke did tell Adams that Adams would receive 25% of profits on speaking events that Adams organized and in which he had involvement. Adams arranged one unsuccessful seminar which lost $12,500.
Adams repeatedly told Icke that if he did not produce another book, there would be serious consequences. Plaintiffs’ Exhibit No. 10 dated May 11, 2005, is an example.
“MARK MY WORDS, IF WE KEEP THIS UP, AND WE DON’T HAVE A
BOOK BY SUMMER, WE ARE GOING TO Have to make DRASTIC CHANGES.”6 On January 26, 2006, Icke confronts Adams about prior representations made by Adams.
Icke states that Adams had represented that they would be out of business by spring, that his life’s work was in danger and he and his family were faced with being out in the street. Icke tells Adams that within a short time after Icke contacted Patterson’s and Bookworld, “suddenly everything was wonderful, I got more than twice the monthly income one month and I was told that we are about to ‘take off big.’”. . . Icke then inquires as to the need for Adams to hire a tax attorney, and states he knows nothing about an Internal Revenue Service investigation. He asks Adams why only in the last three months Icke learned that he was not the owner of Bridge of Love USA and that Adams claimed to be the owner and Icke was only the author. Icke states he was shocked to learn this and that Adams had never told him this before. Adams responds that this had nothing to do with the partnership and it was set up as a company structure for tax purposes. Icke testified that Bridge of Love USA was a name he used before Adams came on the scene. (Tr. Vol. I p. 82, l. 19-21). Icke inquired about the foreign sales of his books, that this had not previously been mentioned, and until he inquired at Bookworld, Icke had no idea what the situation was. Adams responded that foreign sales were minimal. Icke tells Adams that after
According to Icke, Adams frequently used upper case letters. 10
checking with Bookworld, 28,723 books were missing worth $77,803.00. Adams accounts this to
a mistake by Icke’s accountant. Icke then tells Adams that he wants the business to be run from
England where he will have better control. (Pl. Ex. No. 15).
Icke is specific as to the formation of the business relationship with Adams. Icke confirms
that he and Adams “formed a loose agreement. In terms of the word ‘partnership,’ you know, it’s
a partnership in the sense of a loose form of the word. But in terms of a --a partnership in which
he would have any controlling interest, it was a 75/25 percent split of profits. That was the
agreement.” (Tr. Vol. I p. 83, l. 3-9). At the hearing, Icke was asked to be more specific about
the terms of any agreement with Adams.
Last edited by andrew wilson; 07-05-2007 at 01:57 AM.
|07-05-2007, 02:25 AM||#2|
Join Date: Jan 2007
Location: Brisbane, Australia
Time to make up your own mind?
ummmm!! You can make up your mind in any way that you want but that will not alter how the court 'makes up its mind'.
Most of us are aware of what the case is about but the question being asked is why doesn't Icke give us an update? The answer to that would, in my opinion, be rather simple. IT IS NOT OVER YET! If one is involved in a court hearing, one must not talk about the case. Any update David could give us at this point could only be to tell us just that.
There has been thread after thread started about this matter and I cannot, for the life of me, understand why people are so obsessed with it.
I cannot even imagine the strain the Icke family have been under through all of this. People can speculate all they like but it will not make one bit of difference to the final outcome. Personally, I think these people should get a life.
I am interested to hear the results when and if David gives us this information, which I trust he will when the time is right. But it has absolutely no impact on my life one way or the other.
Give so much to the improvement of yourself, that you donít have time to criticize others ~ Jim Rohn
Giving is better than receiving because giving starts the receiving process ~Jim Rohn
|07-05-2007, 02:45 AM||#4|
Join Date: Feb 2007
Location: WITHIN ALL THAT IS
Bullwinkle: Hey Rocky, watch me pull a rabbit out of my hat. Nothin' up my sleeve.
Rocky: Again. That trick never works.
|07-05-2007, 03:19 AM||#5|
Join Date: Jan 2007
andrew wilson didn't say anything he merely posted KOTM's post, hence the italics...
...see HERE for KOTM's post
...unless AW *is* KOTM...
row, row, row your life,
gently, down the dreams,
merrily, merrily, merrily, merrily,
life is but a gleam.
|07-05-2007, 03:55 AM||#7|
Join Date: Feb 2007
looks like that Adams was cheating Icke.
I had no idea of this 75/25% ratio.
is this industry standard or an exception?
it does not sound fair to the writer
fuck it, whoever cheats will have to deal with own karma
|07-05-2007, 03:59 AM||#8|
Join Date: Jan 2007
Well this shows what we were already told... Adams ripped Icke off.
Pleased refrain from comments like 'I'm sick of wiating for Icke to pull his finger out'... This proves there is no secret agenda on Ickes part.
This has been gone over in other threads already and as this was posted at illusions you already knew this info. so there is no need for 'Icke is stalling' comments. It is a court cxase and he is waiting for the final judgment from the court.
|07-05-2007, 04:06 AM||#9|
Join Date: Jan 2007
|07-05-2007, 04:06 AM||#10|
Join Date: Jan 2007
Seems David trusted Adams and made a deal by handshake, judging by what's been written in the first thread, which isn't good in court, with no legal document or signiture on any legaly agreed document staing a partnership.
Adams knowing this has taken advantage of David's good trusting nature.
Hopefully with the books being sold under the name Bridge of Love which belongs to david, that should go in hs favour.