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Thread: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

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    Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Cause No. 290-04376-07
    Rep X, PLAINTIFF,
    VS
    ADVANTAGE CONFERENCES, LLC,
    TIMOTHY S. DARNELL, INDIVIDUALLY,
    JACK M. WEINZIERL, INDIVIDUALLY, AND
    JAMES MCHUGH, INDIVIDUALLY DEFENDANTS.

    IN THE DISTRICT COURT
    296TH JUDICIAL DISTRICT
    COLLIN COUNTY, TEXAS

    PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION

    COMES NOW Plaintiff, Rep X, complaining of Defendants, Advantage Conferences, LLC, Timothy S. Darnell, Individually, Jack M. Weinzierl, Individually, and James McHugh, Individually, and would show the Court as follows:

    DISCOVERY LEVEL

    1. DISCOVERY IS INTENDED TO BE CONDUCTED UNDER LEVEL 2 OF RULE 190 OF THE TEXAS RULES OF CIVIL PROCEDURE.

    PARTIES

    2. Plaintiff, Rep X, is an individual who resides in California.

    3. Defendant, Advantage Conferences, LLC has appeared herein.

    4. Defendant, Timothy S. Darnell has appeared herein.

    5. Defendant, Jack M. Weinzierl has appeared herein.

    6. Defendant, James McHugh has appeared herein.

    PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 1 1st Amended Original Petition


    VENUE

    7. Venue of this suit is proper in Collin County, Texas because a substantial part of the acts or omissions giving rise to Plaintiff's causes of action occurred in Collin County, Texas and because at least one of the Defendants resides in Collin County, and so venue is proper as to all of the Defendants.

    CAUSES OF ACTION
    FRAUD AND CONSPIRACY

    8. Based on information and belief, Plaintiff states that Defendants, acting separately, jointly, and/or in concert made material misrepresentations to Plaintiff in order to induce Plaintiff into investing money in the Advantage Conferences "Christ-center business opportunity" or alternatively, concealed material facts from Plaintiff that, had those facts been known by Plaintiff, Plaintiff would not have invested such funds into such venture.

    9. Based on information and belief, Defendants knew that these representations were false when made or the representations were asserted without knowledge of the truth of the representations. Defendants also knew the misrepresented and/or concealed facts were material to the investment being made by Plaintiff.

    10. Based on information and belief, Defendants intended that Plaintiff rely on the representations.

    11. Plaintiff relied on these representations.

    PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 2 1st Amended Original Petition


    12. As a direct and proximate result or the rnisrepresentations and/or concealment of facts by Defendants, Plaintiff has sustained damages in excess of the minimum jurisdictional limits of the Court.

    13. Defendants' conduct as described above was malicious and the tortious conduct occurred in whoe or in part in Collin County, Texas. Accordingly, Plaintiff requests that exemplary damages be awarded against Defendants.

    14. Based upon information and belief, these false, misleading and deceptive representations made to Plaintiff and the concealment of material facts were part of the common scheme and common devices used by Defendants in their conspiracy to induce Plaintiff and hundreds of other individuals to invest money into the Advantage Conferences "Christ-center business opportunity"


    DECEPTIVE TRADE PRACTICES ACT

    15. Defendants' conduct described above also violated the Texas Deceptive Trade Practices Act ("DTPA") and, as such, Defendants are liable to Plaintiff pursuant to that statute.

    16. Plaintiff also is entitled to her reasonable attorneys' fees pursuant to section 17.5O(d) of the Texas Deceptive Trade Practices Act.

    17. The acts and practices described above violate DTPA sections I7.46(b)(3), (5), (7), (12), and (24). The conduct was also an unconscionable action or course of action as described in DTPA section 17.45(5) in that it took advantage of Plaintiffs lack of knowledge, ability and experience and capacity to a grossly unfair degree and because it resulted in a gross disparity between the

    PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 3 1st Amended Original Petition


    consideration paid in the transaction and the value received. With respect to these causes of action, the conduct described above were the producing cause of actual damages to Plaintiff.

    18. Defendants had an actual awareness of the false, deception, and unfairness of the acts and practices set forth above. Alternatively, Defendants committed the acts and practices above intentionally.

    19. No written notice of the claims made in this Petition under the DTPA was given prior to filing this suit because the statute of limitations applicable to this action was expected to expire during the notice period.

    PRAYER
    WHEREFORE, THE ABOVE PREMISES CONSIDERED, Plaintiff Rep X respectfully requests that Defendants be cited to appear and answer, and upon final trial, Plaintiff have judgment against the Defendants for the following:

    1. Actual damages and exemplary damages against Defendants in an amount in excess of the minimmTI jurisdictional limits of the Court:

    2. Additional damages provided for by Section 17 .50(b )(1) of the Tex.as Deceptive Trade Practices Act;

    3. Attorney's fees pursuant to section 17.50(d) of the Texas Deceptive Trade Practices Act;

    4. Pre-judgment and post-judgment interest at the maximum legal rate;

    5. Cost of courts; and

    6. Such other and further relief to which Plaintiff may be justly entitled.

    PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 4 1st Amended Original Petition


    Respectfull y submitted,
    The Law Office of
    FOSTER & FOSTER, P.C.
    By:
    Thomas J. Foster
    State Bar No. 07299000
    Susan Johnson Foster
    State Bar No. 07297700
    2701 N. Dallas Parkway, Suite 540 Plano, Texas 75093
    (972) 991-1606
    (972) 673-0440 Facsimile

    ATTORNEYS FOR PLAINTIFF

    CERTIFICATE OF SERVICE

    I hereby certifY that a true and correct copy of the above Plaintiff's First Amended Original Petition was served via facsimile on this 29th day of April, 2008 on Jason
    Charles Ciarochi.

    PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION - Page 5 1st Amended Original



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    Re: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Following is what the scammers promised Rep X she would make in their pyramid scam:
    Attachment 204

    As I am sure everyone reading has guessed, this pyramid scam imploded into bankruptcy and left a trail of devastation in its wake. 98% lost their money and many of those are out thousands of dollars. Folks went hungry, bankrupt, drown in credit card debt, spent retirement savings and / or faced foreclosure. So much for being mentored by Christian Millionaire Mentors. Rep x was the star witness for the Dallas Better Business Bureau when Advantage Conferences sued them, was adjudicated to be a pyramid scheme and then lost its suit in Summary Judgment.

    Sopaboxmom

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    Re: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Subj:RE: Message URGENT! URGENT! URGENT!
    Date:12/18/2006 9:09:42 A.M. Pacific Daylight Time
    From:tim_darnell@sbcglobal.net
    To:Rep X Sent from the Internet (Details)

    Yes – and with Jack Weinzierl’s, our Advisory Board’s, and our attorneys’ advice, it became very clear that that would have been the exact wrong tack to take from a legal standpoint. It would have totally negated our policies and procedures, in effect diminishing and negating that policy. No business owner can do that to his own company. Foertsh’s case was an extremely unique case and in respect to him, I would never divulge the details that made his case a super-unique and exceptional situation, but it was beyond anything you could ever imagine.

    Your situation involves one idea – you quit and did not qualify for a refund under either old or revised policies – end of story. Policy is no respecter of persons. It applies to all Reps and former Reps, including yourself. You agreed to it in writing, then, as an adult, you live by it. If you can handle and observe contractual agreements that you as an adult make, then you’ll live a less distressed life. Wake up, for your own sake.

    This is my last message to you until you decide to wake up from your lack of understanding. You will not hear from me again.

    Blessings,


    Tim Darnell
    President
    Advantage Conferences
    Office: 972-727-4995
    1-888-832-7635
    __________________________________________________ ___________________
    If you are a retired elderly rep from out of state and the boys don't think you can afford to litigate they leave you destitute and desperate. Sleazebag Jack Weinzierl was instrumental in denying her refund. He was living in another mansion and enjoying the easy life by the pool while his victims were going hungry and desperately struggling to hang on financially.

    The rep they did refund had attempted suicide and almost lost his life. The scammers were terrifed tht story would get out. Well, it did. That rep had his familiy and life completely destroyed by Jack and Tim. Advantage Conferences did not create one single millionaire, but rather left 98% of the reps out money, sometimes tens of thousands in order to line the pockets of Darnell, Weinzierl, Wald and Goldstein. Wald left in 2007 as the scam was imploding and heavily in the red. Goldstein used his cancer as an escape hatch at the end of 2006 because no doubt he saw the writing on the wall.

    Notice what Jack says about that rep that ended up in the hospital in his depo. He was extremely offended to have had to waste time on the guy. He only cares about someone that is lining his pockets. He never bothered to contact the family and check on the representative. Attachment 208

    Soapboxmom


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    Re: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Subj:
    RE: Tim FU
    Date:
    2/8/06 7:56:44 A.M. Pacific Standard Time
    From:
    timd@advantageconferences.com
    To: Rep X Sent from the Internet (Details)

    Jack,

    We need to clear this up. I think a refund under expressed, specific conditions would get her out of here, much as we did with Foertsch. We take this one on the chin, and learn our lessons.

    Your thoughts?

    TD
    __________________________________________________ ______________________________
    Tim should have done the right thing and refunded Rep X. Jack Weinzierl put lots of nails in the coffin of the Advantage Conferences scam. I was determined to help Rep X and I will not rest until she is fully refunded for all the thousands she lost to these scammers and her attorneys fees reimbursed.

    Why is it an independent rep, Jack Weinzierl, is making corporate decisions and privy to private e-mails sent to founder and president Tim Darnell? I think the truth is that Tim Darnell with only 13 reps from June 2003 - January 2005 (most of those leftovers from the bankrupt All Star Entrepreneuer with Tim Darnell president out of his home as usual) simply was incapable of running a scam. Tim Darnell made money in reality because Jack was good at frosting people and making money.


    Shameful!


    Soapboxmom

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    Re: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Please find attached for your reading pleasure the Plaintiff's Summary Judgment Motion:

    Plaintiffs SJ Motion.pdf

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    Re: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Next we have one of the most boneheaded responses in legal history. Tim Darnell writes a long winded lie-filled diatribe:

    Tim Darnell SJ Response-1.pdf

    Jack Weinzierl is so clueless he copies Tim's response almost verbatim.

    Jack Weinzierl SJ response.pdf
    Last edited by Soapboxmom; 10-27-2011 at 02:10 PM.

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    Re: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Quote Originally Posted by Soapboxmom View Post
    Please find attached for your reading pleasure the Plaintiff's Summary Judgment Motion:

    Plaintiffs SJ Motion.pdf
    Now it is time for some commentary. The original case filed by the Plaintiff had nothing to do with me whatsoever. That wonderful elderly victim and now dear friend of ours was suing to recover her losses. The allegations included fraud, conspiracy and violations of the Texas Deceptive Trade Practices Act. The suit was filed in December 2007. As the scammers dragged it out by refusing to produce, Jack Weinzierl's bankruptcy filing in 2008, Tim's losing suit against me in 2008 and numerous other shenanigans, my family could not continue to endlessly pay legal fees to help her. I stepped in for that reason alone in June 2010. In doing so I lost the fraud and Texas Deceptive Trade Practices Act allegations. To carry her case forward I sought damages for her based on alter-ego, Quantum Meruit and Promissory Estoppel. All those were issues she could have raised, but didn't need to address in her original petition. The case was very difficult for me to carry due to losing the core of the case and the fact the scammers never produced as they should have.

    The judge understandably just wanted the dang thing finished. When I stepped in, I sought the discovery, but as the judge went on vacation for the entire month of July I was only able to get a hearing on that right before the trial in August. I would have likely won the appeal based on the Motions for Continuance not being granted, but as Jack and Tim are completely destitute and I cannot ever hope to collect anything I decided to bring this case to the court of public opinion. Tim Darnell's 97 grand tax lien and delinquent property tax will most likely be his undoing. Jack as he has cried for years in his bankrupcty hearing and hearings for this case that he cannot get employment. Of course, that has nothing to do with me, but rather is due to his involvement in Advantage Conferences, chapter 7 bankruptcy and other questionable activities. His name is all over those death threat and stalking allegations and he has published many of those statements, but doesn't have the good sense to apologize for those lies and retract them. All the documents will go up so the public can decide.

    The Summary Judgment Motion (SJ Motion) does a brilliant job of outlining the outlandish earnings claims that were made by Weinzierl and Darnell to lure in their marks. It also points out that the sales were inside the pyramid and that there had not been a single retail sale of the conference. That explains the horrific 98% loss rate. There simply aren't any customers.

    The Affidavit of the Plaintiff tells the story of the lies and misrepresentations Weinzierl, Darnell, her pro rep and others made in order to empty her pockets three times in less than a month to get the full $10,000.00 from this grandmother struggling to provide for her family. The phone records show that Jack Weinzierl had talked to her before she paid a dime, despite his repeated assertion to the contrary. The Affidavit tells of reps being encouraged to pay Advantage Conferences any way they could including credit cards, loans, retirement funds, college funds and more.

    I wrote an Affidavit in support of the Summary Judgment as well. I wanted to do everything possible to help my friend recover her losses. I would have never ever made a dime off of this. Anything she recovers goes directly to the victim and to reimburse her necessary attorney fees. Finally, the brilliant and very kind attorney who was heling her submitted an Affidavit. I can assure folks that every word in that document is truthful and factual. It did result in Advantage Conferences losing its part of the suit and having a $300,000.00 judgment entered against it.

    11/17/2009 Ordergranting plaintiff's Motion to Strike Summary Judgment Response of Advantage Conferences, LLC

    11/17/2009Order for Summary Judgment
    Soapboxmom

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    Re: Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Quote Originally Posted by Soapboxmom View Post
    Next we have one of the most boneheaded responses in legal history. Tim Darnell writes a long winded lie-filled diatribe:

    Attachment 222
    Notice how this rambling diatribe closely resembles the posts from Scam (please note that names and locations were edited to ensure the safety of my children) and www.heatherdobrott.com. Isn't that a coincidence???

    Page 3 just has to be read to be believed. Darnell doesn't yet understand that he lost to the Better Business Bureau of Dallas when he sued them and their Summary Judgment Motion was granted in all respects:
    The Dallas Better Business Bureau Kicks Butt

    Page 4: Darnell has admitted he is aware that the Texas Attorney General's Office and other enforcement agencies do not evaluate or endorse any companies, but he repeats that lie again anyway. A Scott Wilson from the Texas AG's office did call and encourage him to refund the elderly victim who filed this suit. Darnell still claims he talked to the head of the Pyramid Division of the Texas Attorney General's Office after being informed repeatedly that no such division exists. There isn't one now and there never has been a Pyramid Division. Darnell is delusional. His account of dealing with the Pyramid Division is completely fabricated. The fact the AG hasn't acted does not mean his pyramid scam, Advantage Conferences, wasn't in violation the law. It simply means they have thousands of companies with complaints about them to deal with and can only prosecute a tiny fraction of those that should see action against them. The companies with hundreds of complaints and tens of millions in losses are the only ones that will see enforcement action. Small time scammers like Darnell and Weinzierl do slip through the cracks. That is why dedicated bloggers are necessary to protect the public.

    Page 5: Tim Darnell lies about the consequences for fabricating death threat and stalking allegations. I went to Allen High School because of these postings and speech at a conference. I checked in at the office as a professional educator would know to do. I was directed to the School Resource officers and the Principal joined us. I showed them those posts made by Darnell and also published by Jack Weinzierl and asked some questions. It turns out Tim hadn't informed the school of these alleged threats. The SROs had no record and the principal had not heard anything about that. The principla assured me if I needed any teachers to provide statements or testify that they had not seen me it would be no problem. He said send the subpeonas if a case moves forward. So, I am sure Darnell's children were humiliated. They were humiliated by their father's hideous lies and false criminal allegations. I turned nyself into the police in Allen, TX. They could not investigate unless Darnell made a report. He has chosen not to report his lies and delusions.

    Page 6: Darnell totally misrepresents a suit filed in small claims court against his bogus charity Treasures for the Kingdom. The rep wanted her donated money refunded as he had lied about the 501 c 3 status of the organization to empty his reps' pockets and generate publicity for Advantage Conferences. The judge agreed correctly that some of the work Darnell promised had been performed. Tim's sleazbag accountant, Robert Ward, who had set up that fraudulent charity lied to the judge and said the only thing necessary for it to incorporate under a chruch was the same doctrinal beliefs. Ward also falsely claimed they could affiliate under a church and use their name without permission. I spent a great deal of time communicating with the IRS and none of that is not true.

    Treasures for the Kingdom

    http://www.realscam.com/f14/tim-darn...backfired-769/

    Page 7: Tim Darnell's fiction continues. He claims Plaintiff flew to Dallas to meet with me. Plaintiff does not fly due to medical concerns and no such trip ever happened. More delusions.

    Page 9: Darnell claims faslely that one might need to pay the $59.95 fee to join the money making scheme in order for the conference and related expenses to be deductible. That is just a very lame attempt to explain the lack of retail sales and why everyone is a representative. Education conferences can be deducted under the conditions set forth by the IRS and it makes no difference if one pays the fee to join the pyramid.

    Page 10: Darnell declares, "Advantage Conferences does not need a single new representative in order to create sales" Ha what a joke. Everyone is a rep and presumably in it for the money making scheme attached.

    We are then treated to pages of mindless inane rambling nonsense. Darnell repeats himself ad nuaseum. Apparently, his theory is if one repeats the lie enough times it magically morphs into the truth.

    Page 17: Tim makes cracks about a $50.00 or $100.00 minset versus a millionaire minset and how they teach folks to think in terms of bigger dollar amounts. What the hell???? He goes on to explain how inconsequential membership with the Dallas Better Business Bureau is and how it was not a lie to say he was a member when the membership was not yet (and would never be) approved. That of course explains why he sued them for $25,000,000.00 and suffered his humiliating loss in Summary Judgment.

    Page 20: Darnell tries once again to relitigate facts that have nothing to do with Plaintiff's case and that were already at that time decided completely in my favor. I did contact anyone and everyone who coud have been hurt by involvement with these clowns. I will continue to do so. He claimed tortious interference and business disparagement in the suit against me and was laughed out of the court in Summary Judgment. I am not a competitor doing things for financial gain. I am a volunteer consumer advocate whose family has made great financial sacrifices to help others.

    Page 21: Tim's incessant whining about my truthful and fact filled posts continues ad nauseum. And once again all that has been litigated fully and fairly in my favor. Of course, the mediator reinforced their delusions and without me being present or having the benefit of an attorney to represent my interest discussed all this and then had the nerve to ask the Plaintiff to have me sign a settlement agreement in this case. I was not a party to the suit in any way at that time. Tim's and Jack's fantasies of collecting damages from me were not ever at issue and the mediator, Denise Coggiola, was told by the licensed attorney present not to discuss that. Nonetheless, I got phone call asking me to sign the settlement and was informed the nutcase mediator, Denise Coggiola, had apparently discussed that I was responsible for damages to the clowns and they wouldn't pay the Plaintiff her refund unless they could blackmail me into silence and remove my truthful posts. The mediator should have left me out of it completely as the attorney instructed or had me present with my attorney. Since, I did not sign a confidentiality agreement I will be discussing that fiasco that ran up thousands in attorney fees needlessly and kept the case from being settled.

    We are treated to a lecture by Darnell about how he and Jack were being demonized and were receiving vile, profane and defamatory e-mails. Well, I will post them all and let our readers decide on that one.

    Page 22: Darnell rambles in incessantly about the Scam postings I made. All that was litigated in the suit he filed against me and lost in Summary Judgment as shown in the link above. Those were not part of this suit in any way and having been already litigated could not be relitigated anyway. Collateral Estoppel and Res Judicata apply.

    Page 23: That article by Craig Malisow is impressive:
    Millionaire Mindsetters - Page 1 - News - Houston - Houston Press

    Page 24:
    Tim includes lots of silly comments on his Footsteps of Faith Bible twist. Since Jack Weinzierl had 9 confirmed usernames posting on scam and the Allen police believed that only one individual was likely posting on www.heatherdobrott.com, I would not assume that those comments are genuine.

    Darnell goes off the deep end again and revisits for the umteenth time his tiff with the BBB. Timmy also misrepresents yet again what happened with the Texas AG's office. There was not investigation completed in a week that rendered a favorable conclusion. They have an opne file with half a dozen complaints. Scott Wilson an investigator (not the Head of the non-existent Pyramid Division) called on the Plaintiff's behalf hoping Tim Darnell would do the right and Christian thing and refund her. Instead, Tim has landed himself in the mess he is in currently. Soapboxmom is exposing every little shenanigan he ever pulled and the IRS is hovering dangerously close with a $97,000.00 tax lien they could enforce at anytime or alternatively garnish Cathy Darnell's paycheck for years to come causing the family to lose everything (all because of Tim's insane tax protester charade.)

    Page 26: Now, we have entered the Twilight Zone. Who in the 98% of the reps that lost money are describing the conferences in glowing terms. Arch Bonnema spoke at his church with the same artifacts from what is purported to be Noah's Ark for free. That is a lot less than the $10,000.00 the reps paid to attend a scamference.

    My postings are not the cause of the horrific loss rate. I was not around when Tim's tax protester friends from Global Prosperity went to federal prison. I was not around when United Sciences imploded with 3 Attorneys General going after it for being a pyramid scheme (Darnell bragged that he wrote the compensation plan under oath.) I was not positng when he got sued by a Tru Dynamics rep as that scam went under. I was not around when he helped to found Liberty League. I was not around when All Star Entrepreneur (a virtually identical pyramid scam) run out of Darnell's home imploded into bankruptcy. Tim Darnell better quit playing the blame game he warned his reps about and look in the mirror himself. All these ruined lives and devastation are the result of what he and his partner Jack Weinzierl were doing.

    Tim Darnell's Hidden Treaures was Stranger Owned Life insurance (STOLI) plain and simple. That sleazy and bogus program didn't have a dollar exchange hands as insurance companies won't underwrite policies that are going to be resold to folks with no insuranble interest in the senior citizen. And, don't lie Timmy. Judy Sterling had $120,000.00 in commission due to her that your shady program never paid out while you were lying to your reps and stringing them along.

    Page 28: Tim tries to explain away and distort the incident where he threatened feloow church members. The truth is he owed them $12,000.00 for work on the Advantage Conferences website and he never paid. He sent a threatening e-mail and the McKinney police and the couples attorney had to respond. He knew if his shenanigans continued he would be prosecuted by the District Attorney. It is a very sleazy way to conduct business.

    Page 29: The Plaintiff wanted a refund and reasonable damages. No one was trying to extort money from Tim Darnell and Jack Weinzierl the lying paupers.

    That response was at least somewhat entertaining.

    Soapboxmom

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