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-   -   Update to the Ray Guhn Case and More arrests (https://gfy.com/showthread.php?t=750105)

Nismo 07-10-2007 12:46 PM

Hate to see this shit happen to local guys. :(

Jimatcohf 07-10-2007 12:49 PM

I think someone wanted the direct link to the news story here it is in the nwfl news http://www.nwfdailynews.com/article/7034 and here is the piece xbiz ran on it http://www.xbiz.com/news/legal/81696

FakeNick 07-10-2007 02:00 PM

Quote:

Originally Posted by After Shock Media (Post 12731144)
Just wait until they hit the affiliate list and work down that as well. :Oh crap

no shit im glad im not on that list of affiliates if i were id be getting some legal representation right about now because it looks like it is only a mater of time before affiliates get pulled in to this as well

Drake 07-10-2007 02:14 PM

crazy...

evildick 07-10-2007 02:56 PM

Quote:

Originally Posted by FakeNick (Post 12734869)
no shit im glad im not on that list of affiliates if i were id be getting some legal representation right about now because it looks like it is only a mater of time before affiliates get pulled in to this as well

If affiliates are at risk, what about CCBill? They were the ones processing for it at the time. I really don't like this at all. I know tons of people on here that were promoting them back then too.

:(

ServerGenius 07-10-2007 03:03 PM

I wouldn't get nervous as an affiliate before they ever get to go after those
they'll first go after where they think they can get the most money.

Also affiliates don't produce or posses the content so it's a lot harder to
get solid charges on them let alone finding evidence to proof it in court
that can proof undeniable offenses committed by the affiliates.....so I don't
see any reason to panic or worry :2 cents:

ServerGenius 07-10-2007 03:05 PM

then again I'm not a lawyer or know anything substantial about US law
whatsoever so don't blame me if my guess is completely wrong :1orglaugh

RawAlex 07-10-2007 03:11 PM

Quote:

Originally Posted by FakeNick (Post 12734869)
no shit im glad im not on that list of affiliates if i were id be getting some legal representation right about now because it looks like it is only a mater of time before affiliates get pulled in to this as well

Affiliates perhaps, but that isn't clear. If you expand this without boundries, you could go after the processor, the credit card companies, and the individual consumers who purchased the material IF it is deemed obscene. However, while I am not a lawyer, I suspect that provided you stop promoting it when it is judged obscene, it would likely be hard to get back at you for something that wasn't clearly obscene at the time.

Further, affiliates are paid for traffic and advertising space, on a pay per success system. The affiliates don't control the content of the site, and provided you are acting in good faith it would be pretty hard to create the intent required to prosecute. Further, with 2257 laws having been on the books since 1995 or so, and the CoHF people assuring that all of the content is compliant and all models over 18, there is a clearly an explanation that says
that individual webmasters promoting the program had no valid way to determine that the material was obscene (if judged that way), and further that larger companies including Visa and Mastercard had approved the material. You trust the well reasoned judgement of companies such as this.

Further, CoHF continues to have processing, which suggests that there is no change the the status of the site in the eyes of the processing companies or the credit card companies.

It would be a pretty tough sell to get to affilates, although everyone might be notified by mail to removed the material (in a similar manner to video stores being ordered to remove a video if an underage model is found or other issues come up).

pornguy 07-10-2007 03:41 PM

This is going to get way the hell beyond nasty.

tony286 07-10-2007 04:18 PM

Quote:

Originally Posted by BBWTori (Post 12732061)
*Note To Self*- Never move to Florida:2 cents:

It's parts of Florida,in Pensacola there are no adult book stores and you decide to produce porn there? If they were out of Miami this would be a nonevent, the bang bros have been featured in the news multiple times and they are fine. Here in Atlanta Mike South is on the cover of the free ALT newspaper as the king of porn, he is fine.
My lawyer said their problem wasnt porn it was pissing off the locals.
Even though the common thought in online adult is I will do what I want wherever I want,sadly thats not the case.

fluffygrrl 07-10-2007 04:18 PM

Quote:

Originally Posted by evildick (Post 12732269)
Any armchair lawyers know what the possibility of something like this happening is?

50-50, depending how quick they move. I don't see the policy/it's implementers remain in pay after 2008.

GITZINGER 07-10-2007 04:24 PM

"Participants received $300 for private parties that often served as an audition for film roles."

That's where they fucked up, that's the prostitution charge right there. I don't feel bad for them at all.

GreyWolf 07-10-2007 05:15 PM

Quote:

Originally Posted by RawAlex (Post 12735329)
Affiliates perhaps, but that isn't clear. If you expand this without boundries, you could go after the processor, the credit card companies, and the individual consumers who purchased the material IF it is deemed obscene.

If there are alleged offenses, there is no reason why a prosecutor should not go after all parties who were involved - including processors and affiliates.

BUT... when it reaches that level, it's getting absurd. The core issue is with Ray's content, apparently the method of operation (alleged prostitution) and now "money laundering".

On the "money laundering" aspect, - no idea what this is based on, but if it is based on the normal transacting of biz thru processors etc - it is possible that processors may be of interest. Tho.. sounds like a deviant sideline....

mikesouth 07-10-2007 06:39 PM

Quote:

Originally Posted by tony404 (Post 12735704)
...Here in Atlanta Mike South is on the cover of the free ALT newspaper as the king of porn, he is fine.
...


I just wanna know where the hell my castle is if I'm King....

RawAlex 07-10-2007 06:59 PM

Quote:

Originally Posted by GreyWolf (Post 12735941)
If there are alleged offenses, there is no reason why a prosecutor should not go after all parties who were involved - including processors and affiliates.

BUT... when it reaches that level, it's getting absurd. The core issue is with Ray's content, apparently the method of operation (alleged prostitution) and now "money laundering".

On the "money laundering" aspect, - no idea what this is based on, but if it is based on the normal transacting of biz thru processors etc - it is possible that processors may be of interest. Tho.. sounds like a deviant sideline....

Typically, prosecutors won't move on outside parties in this sort of thing because the charges would be based solely on the obscenity charge. As that isn't a slam dunk sort of a case and is potentially a Supreme Court candidate in the long run they won't want to tie themselves up in more legal actions that they can't truly handle. If (big IF) they can prove the obscenity, then the affiliates and the processors are still there to talk to in the long run.

Without details on the "money laundering" it is hard to say. Laundering is the basic process of taking ill got gains and turning it into apparently legally obtained money. As an example, selling drugs and running a pizza shop, and adding drug sales money into the pizza business bank account, making it look like the pizza business made it would be a laundering. Using ill got gains to purchase goods and reselling them is another way, or moving that money through multiple bank accounts. If the funds of the "illegal" business have mingled with funds of other businesses, then there is the potential for this sort of charge.

IMHO (again, not a lawyer, I just read a whole bunch) this has been done to create a more "slam dunk" case that isn't quite so dependant on the obscenity charges directly, but more of things like running an adult business in areas not zoned for adult or even the prostitution charges. My feeling is that the DA is more interested in running these guys out of business and seizing all their assets rather than making a direct obscenity case (that they could potentially lose).

GreyWolf 07-10-2007 09:52 PM

Quote:

Originally Posted by RawAlex (Post 12736402)
Typically, prosecutors won't move on outside parties in this sort of thing because the charges would be based solely on the obscenity charge. As that isn't a slam dunk sort of a case and is potentially a Supreme Court candidate in the long run they won't want to tie themselves up in more legal actions that they can't truly handle. If (big IF) they can prove the obscenity, then the affiliates and the processors are still there to talk to in the long run.

Without details on the "money laundering" it is hard to say. Laundering is the basic process of taking ill got gains and turning it into apparently legally obtained money. As an example, selling drugs and running a pizza shop, and adding drug sales money into the pizza business bank account, making it look like the pizza business made it would be a laundering. Using ill got gains to purchase goods and reselling them is another way, or moving that money through multiple bank accounts. If the funds of the "illegal" business have mingled with funds of other businesses, then there is the potential for this sort of charge.

IMHO (again, not a lawyer, I just read a whole bunch) this has been done to create a more "slam dunk" case that isn't quite so dependant on the obscenity charges directly, but more of things like running an adult business in areas not zoned for adult or even the prostitution charges. My feeling is that the DA is more interested in running these guys out of business and seizing all their assets rather than making a direct obscenity case (that they could potentially lose).

Agree - suspect the prosecutor obviously wants a conviction, but also has eyes on seizing all assets and wiping em off the face of the earth.

This "appears" to being treated the same as a drugs issue - fairly heavy, but, as usual, the human species often have motivations other than those at face value. Whoever the legal strategy decision-makers are in this case - it's probably worth casting an eye in their direction and checking out who the "beneficiaries" would be from a conviction.

moneymotivates 07-10-2007 10:15 PM

Quote:

Originally Posted by Jimatcohf (Post 12734477)
here is the piece xbiz ran on it http://www.xbiz.com/news/legal/81696

You would think Xbiz would spell his name correctly. :winkwink:

http://oncoreweb.srccol.com/srccol/o...07000823CFMA++ - Santa Rosa County
http://205.152.130.14/cv_web_1b.asp?ucase_id=61317799 - Escambia County

http://www.clerkofcourts.cc/court/PU...07+CA+003192+S
ouch :Oh crap

Jimatcohf 07-12-2007 12:47 PM

Just wanted to give a quick thank you to Graphix for donating to the Defense fund. Your help and generousity will be used to fight the good fight.

Thank you

Jim


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