Thursday, September 20, 2007

Contact with Brandon

One of our readers sent us an email exchange that they had with Brandon Diaz. They asked that we post the information here. Read below. (Edited to remove email addresses)

Hey, KD. Can you post this? I think it might be important. What it shows is that Brandon is aware of the situation, has talked to Hector (which is good!) but doesn't seem to believe that there is anything going on, as far as lawsuits and investigations (probably because the DA isn't going to discuss a case with one of the named parties, duh, lol). Odd though - at the end of the exchange you'll see a reply from Brandon saying that "level 17 Archons have time to help". He obviously googled my email address, which leads to an online RPG game character profile I have and I'm pretty sure he sent that message to say "I know who you are!" kinda spooky - intimidation like, lol. It's possible that he's not as innocent in this mess as we had hoped. Then again, his email could be sincere, it's impossible to tell anymore! It's all so crazy. He says he called his lawyer, lawyer? Why does an 18 year old kid have a lawyer anyway? Possible ongoing legal troubles for that family or what? It's fishy and who knows, maybe Heidi wrote the reply, lol. Anyway, here ya go, post it if you think it's newsworthy!

Email to Brandon:

Hi there. I'm Rhosyn.
I'm not sure if anyone has contacted you about all this yet, but I'm sure they will, including your Dad and Christine.
Your name has been used in a legal way with the Kimkins.com website, started by your mother, Heidi. That's not a big deal in and of itself, however, with the current situation, you could be facing legal liability for the problems your mother is creating.
I don't know if you're even aware of what is going on, but it's about time you were informed. Your mother has created an online scam and has collected a LOT of money from people all over the country. Those people have discovered her scam and are now getting very, very angry. The IRS, the FTC, the State of California Attorney General, the Riverside County District Attorney and many other federal and state government agencies have been contacted and are currently investigating the situation. There have been some VERY serious laws broken by Heidi and your name has been dragged into it, though you may not even be aware.
Your father and Christine have also been contacted and have been made aware of the very real risk that you are now facing, as an unwitting party to the fraud. Your mother has used your name and possibly even risked your social security number and credit history with this scam and it is entirely possible that you will be found as an accessory to the crimes.
A private investigator was recently hired to gather information on the woman known online as "Kimmer", who was discovered to be Heidi K. Diaz. The investigation revealed immense amounts of evidence that already have been forwarded to the attorney preparing the class action lawsuit against Heidi.
In case you are not aware of what has been going on, let me try to summarize quickly -
1) Kimmer, aka Heidi Diaz has used stock image photographs as her own picture, claiming to have lost nearly 200 pounds in 11 months on her own diet plan and created a website (kimkins.com) to "sell" her plan to others. This in itself is a federal offense and is being investigated.
2) Heidi Diaz collects social security disability (for what Christine said was "mental illness"). If you collect SSD benefits, you CANNOT also collect other income at the same time. This is a federal offense and is being investigated.
3) Your name, Vanessa Romero's name, your brother Dennis's name and others have all been used by Heidi in this scam as PAID affiliates or employees of Kimkins.com. As paid employees, everyone listed is legally liable in various ways and CAN be prosecuted, including yourself.
This is not a joke nor is this a trivial matter. Federal investigations are ensuing and the lawsuits are VERY real.
Tyna (Dennis' ex), Hector and Christine Diaz are now aware of the situation. PLEASE contact one of them and try to extricate yourself from the situation BEFORE the police come knocking at the door.
I suggest strongly that you write up an affidavit, stating any knowledge you have of kimkins and your employment with them and get it on paper, ASAP. You mentioned once that you were being paid $10 an hour by Kimkins.com to do web work. There are records and screen shots of this information that have been handed over to the atty and other investigating agencies. Your name is listed as the domain registrant with godaddy and with the web hosting company (liquidweb). You're involved in this and you need to protect yourself.
Please call your father, Christine or Tyna and ask them to help you get out of this mess. They can and they will.
You owe it to yourself and to Emily to ENSURE that your future is safe and that you don't end up in jail when you're just starting out your lives together. Be smart, Brandon.
Best of luck to you.

Response from Brandon:

Well, I called the DA for my area, but they say they can't take anything since there's no case. My lawyer also stated that no law suit anywhere has been filed so far. So I'll see what happens.

But, for the record, domain holders (I believe it was Catherine that put my name as the domain registrar actually, I can't remember) aren't liable for what someone else puts on their domain. Congress has always rules that a Registrar is not liable. Also, screen shots are useless in web legalities, since you can edit the source of a page to say anything you want. You could take any of my posts on any forum, and make them say anything you want.

I do appreciate the warning, my dad called me earlier. Everyone says I'm fine, since I have no deals with Kimkins at all. I don't know anything about it other than it's some kind of diet. I've never seen the source, nor been to the forums. I never ended up working for my mom anyways, since her Tech guys are trained in Joomla, and I'm not. I've never received a single payment.

Curious, why sign the email with a different address than you used to send the email?

Reply:

Glad to hear that your Dad called you and that you're not in harm's way! That's good news!
As for my email, I have a new pop3 client and I have a hard time sending from xxxxxxxxx, can't get it to work right yet, so I had to send from an account that is working, lol. At least it got to you.
Rhosyn

Brandon's last reply:

Thanks again then, glad to see even level 17 Archon's have time to help out.

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