To Whom It May Concern:
Howard Nemaizer (using the pseudonym Howard Nema) is the publisher of a website, Howard Nema dot com (WordPress), also "Truth Talk News" (You Tube Channel), "Truth Talk News" (blogspot dot com).
Howard Nemaizer has, knowingly and willfully, promoted false information in connection with the name and website of Barbara Hartwell, since February 2014.
On December 15, 2014, I first made a public request that he REMOVE all such false information, all fraudulent notices on his websites and YouTube channel, in which the unauthorized use of my name, website and likeness appeared.
Nemaizer chose to disregard my request. In February, 2015, I issued a public demand that the false/fraudulent information be removed.
Nemaizer's response was to publish a
defamatory notice, making false accusations against Barbara Hartwell, and
stating that:
"I will not spend hours deleting TRUSTED PARTNERS IN TRUTH from more than 200 posts on this website going back to Feb 2014 at the request of Barbara Hartwell, unless she would like to pay me for my time."
Nemaizer thus acknowledges the length of time (from February 2014-February 2015) that the fraudulent notice has been published on the Internet, and also that the number of posts containing the fraudulent notices is "more than 200 posts". (These fraudulent notices have now been on Nemaizer's sites for a total of 21 months, thus increasing the damages to Barbara Hartwell.)
I subsequently issued a formal warning to CEASE & DESIST from promoting the fraudulent notices, the false information, and the exploitation of my name and website in a false light, via his presentations, articles and videos.
Specifically:
Howard Nemaizer has placed my name and website in a fraudulent notice, "TRUSTED PARTNERS IN TRUTH", a list of names and websites (including "Truth Talk News"), without my knowledge or consent.
FACT: I have never, at any time, been a "partner" of anyone on this list, including Howard Nemaizer aka Nema, nor had any affiliation whatsoever with anyone on this list.
FACT: Howard Nemaizer was well aware when he first posted this notice that it was false information, and that some of the names on the list were individuals whom I had publicly denounced, for cause, including one Harry Link and one Janet Phelan.
FACT: Howard Nemaizer, in refusing to remove this fraudulent material, after one request, several demands and a formal warning, has been acting with malice, by knowingly continuing to exploit, misrepresent and defame my good name, in disregard of my protests.
Howard Nemaizer has published a video (July 2014) in which my name is exploited in connection to CIA operations, in which he presents false and defamatory information about my background. He has refused to remove this video, and it is still promoted on his website, Howard Nema dot com, as well as on other sites.
Howard Nemaizer has unlawfully taken material from previously unpublished interviews of Barbara Hartwell, which he has published without my knowledge or consent, thus violating a "good faith" verbal agreement regarding these interviews, which were intended for the sole purpose of sale to the public, thus depriving me of the related income.
He has stolen the fruits of my labor, as well as stolen the name I had chosen for these interviews, "The Barbara Hartwell Chronicles".
Howard Nemaizer has exploited my name, my work and my website, for his own gain, while presenting material which places my name, website and work in a false light, which is also defamatory.
Howard Nemaizer has also used my name and website on the same pages with a career criminal/predicate felon named Keith Mutch, of UNITED FM Radio, Torrington, CT, where "Truth Talk News" airs, thus making it appear that Barbara Hartwell (listed falsely in "TRUSTED PARTNERS IN TRUTH") is connected not only with "Truth Talk News", but with the individuals (including one Keith Mutch) who own and operate this radio station.
I am a government whistleblower (former CIA) and journalist whose work has been published on the Internet (since 1995) via print and electronic media.
Howard Nemaizer's promotions of false information, fraudulent notices and stolen material have been directly responsible for a plethora of damages; have been injurious to my good name and reputation; have caused severe emotional distress, due to the falsehoods attributed to me by Nemaizer; for invasions of my privacy, and by exploitation of my name and website.
This formal complaint is posted here, for the public record, and will be sent to the administrators of Wordpress, blogspot, YouTube, with additional details of the violations and abuses of terms of service by Howard Nemaizer.
Here, some excerpts relevant to my formal complaint, from this website:
The unwarranted appropriation or exploitation of one’s personality, the publicizing of one’s private affairs with which the public has no legitimate concern, or the wrongful intrusion into one’s private activities, in such manner as to outrage or cause mental suffering, shame, or humiliation to a person of ordinary sensibilities.
This (U.S. Supreme) Court has approved the following as a fairly comprehensive definition of what constitutes an actionable invasion of the right of privacy:
Defamation is generally defined as a statement impeaching the honesty, integrity or reputation of an individual and thereby exposing the individual to public hatred, contempt or ridicule, to cause him or her to be shunned or avoided or to injure the individual in his or her office, business or occupation.
Defamation is written or spoken injury to the reputation of a living person or organization. Injury to reputation generally is considered to be exposure to hatred, contempt, ridicule, or financial loss. Libel is the written act of defamation; slander is the spoken act. This distinction is important; libel often has greater legal consequences than slander. Whether libel or slander, the defamation must be published – communicated to someone other than the subject of the defamation. . . .
"False Light" privacy lawsuits occur
when a writer publishes facts about a person that creates a deliberately false
and misleading impression. Examples include when a newspaper publishes a story
about convicted felons and includes the name or photograph of an innocent
person, or when, in a story about a hate group, the writer includes the
name of a person not a member of that
group.
Stating the Truth, in Good Faith, for the Public Record
Seeking Justice for Injurious Actions by Howard
Nemaizer
Barbara Hartwell
October 29, 2015
Barbara Hartwell Percival
Legal Defense & Research Trust
PO Box 22
Rhinebeck, NY 12572
Barbara Hartwell Vs. CIA
http://www.barbarahartwellvscia.com
