Quick Summary of the Kimkins Debacle

A 'real life' friend found this blog via a post made elsewhere and left a comment on my previous blog post, knowing nothing of the Kimkins lawsuit. Oh, my --- where to even BEGIN to describe everything that has happened in that strange sage over the last few years?! I attempted to give her a quick rundown within the limits of the 4,096 characters that Blogger allows in a comment. In case other people ask the same in future, I decided to copy my response into its own post. This is that attempt:

As for catching up on the lawsuit: Let me 'splain. No, there is too much. Let me sum up.

An obese but clever sociopathic narcissist gained footage at a popular established low carb diet site, where she claimed to have lost 198 lbs. in a year and to have maintained for 5 years. Her drastic claims and caustic passive-aggressive personality sparked flame wars which ultimately provided excuse to stomp off and open a paid membership site with impressive success stories and before/after photos.

All seemed wonderful at first. People were happy and losing weight. In June, 2007, a magazine featured the diet, 40,000 people joined, and the owner made a million+ dollars in a month. But to validate her marketing claims of "No faster weight loss, none" she pushed lower and lower calories, fasting, and even daily laxative use. People began having problems, for which she ALWAYS had an explanation (usually with a little dig at the complainant.) The gloss began to wear off and the spell was broken.

People questioned things, including photos. When her responses were unsatisfactory, some of us left. Things blew up completely when, about a month later, she was photographed at 300+ lbs, with NO resemblance to her supposed 'after' photos. The site boiled with protest and she summarily banned any "lifetime" members who dared to speak up.

Various online sites and personalities got involved in internet battles. Her supporters wanted to cling to their addictively fast weight loss and the site that enabled it, though many switched sides as evidence emerged.
Her detractors/victims felt used and abused, crushed, betrayed, defrauded, and outraged.

A fiesty woman named Jeanessa stepped up and found a brilliant health-crusading attorney named John Tiedt, who believed in the case enough to take it on contingency.

Discoveries were made which revealed that Heidi Diaz lived in a labyrinthian world of her own making, a convoluted web of deviousness and deception. She never lost any significant amount of weight, even with gastric bypass surgery. Most of her success stories were complete fabrications, with photos stolen from Russian mail-order bride sites.

She has hidden behind false identities, claimed someone else owned the site, spitefully dissipated assets to keep them from her victims, and launched vengeful campaigns, legal and otherwise, against some of the principle witnesses in the case.

She tried to countersue us; the court threw it out. She tried to file bankruptcy to halt the suit; the court threw it out. She has tried threats and intimidation; it backfires.

Meanwhile, John Tiedt and associates have scored victory after victory. John has won unprecedented rulings from the court. The case has been granted class action status, and John has petitioned the court for summary judgment. Since the defendant already admitted under oath in deposition to everything in the suit, we hope the court sees it our way. We should know soon.

. . . I clearly need to tighten up my summaries and use fewer words. But, believe me, this barely scratches the surface.

This story really ought to be a book or movie.

I guess I can add that several televison news shows and newspapers have covered this.

Here is a fuller explanation from Laura Dolson of about.com:
http://lowcarbdiets.about.com/od/populardietplans/a/kimkinsdiet.htm
(I might quibble with a couple of minor points, such as when I actually left Kimkins vs. when 'Kimmer" admitted I had left, but this is overall a thorough, well-researched report.)

I hope this helps pull the highlights into one place.j

Heidi Diaz Bankruptcy Dissed and Dismissed

John Tiedt called with some fabulous news! Once again, Heidi Diaz has lost in court --- not just lost, but lost RESOUNDINGLY! The court not only emphatically dismissed her motion for bankruptcy, but also, acting on its own accord, the court forbade her from filing for bankruptcy again for 180 days.

That's a little like being paddled in public by the judge.

This seems to be the pattern with her legal troubles lately, doesn't it? One wonders if she is getting nervous about the way these rulings have gone against her time and time and time again. Frankly, things don't look likely to turn around for her any time soon, either, so she might as well get used to losing --- her legal battles, anyway. Ah, well, she can't say she was not warned.

In the eyes of many, Diaz' bankruptcy proceedings were the latest in a series of ploys to forestall the civil case against her. After all, she filed it mere days before the hearing to grant class action status to the suit against her. Think about it: she hid and then denied her identity; she tried to evade service of subpoena; she filed demurrers to get the case against her dismissed as being without merit (though the court obviously disagreed!); she resisted and failed to fully cooperate with the process of legal discovery; and then, her coup de gras, she filed a countersuit/SLAPP suit (malicious prosecution) to silence and punish her special foes (a group of which I am apparently a member). Each effort bought her time to work her shenanigans by diverting John Tiedt's time and effort from the primary case against her to deal with these distractions. The SLAPP suit bought her time for the bankruptcy filing, and the bankruptcy bought her time against class action.

Both of her latest tactics had the potential added benefit, had the court not quickly seen through her scams, of allowing her to line her pockets with the hard-earned money of others. From all accounts, considering her decades-long history as a con artist, her prior felony conviction, her documented instances of tax fraud (at federal, state and local levels) her admitted Social Security fraud, her several previous bankruptcies, etc., etc., etc., trying to get over on other people's money is her long-standing pattern. It's 'how she rolls'.

Both delays also had the effect of buying time for her to try to keep the Kimkins machinery cranking out money while she and her sons tried to start up other diets sites, like her ill-conceived Miracle Lemonade crashdiet/detox/fasting site or her knock-off Simple Choices diet site.

One thing is obvious ---- for someone supposedly on the brink of bankruptcy, Ms. Diaz has managed to continue spending some significant money on massive advertising! She must have resources she failed to mention in her motion for bankruptcy. In fact, in spite of all her disingenuous claims to have "corrected" her evil ways, Ms. Diaz continues to lie, even to the extent of perjuring herself in her legal filings in federal court.

Perhaps that is why Ms. Diaz and her lawyer did not fight the bankruptcy proceedings any harder than she did. After all, every time she had to make a statement under oath or produce more documentation of her financial history, she dug herself in deeper and deeper. A civil proceeding is one thing, but crimes against the government (via tax fraud and Social Security fraud, at the least) are quite different matters altogether.

High praises go to Scott Clarkson and his team, whom John Tiedt brought in to refute Diaz' bankruptcy claims. Clarkson is one of the very top-tier bankruptcy attorneys in practice, whose knowledge and expertise were invaluable in defeating Diaz' phony bankruptcy case. Scott Clarkson is a legal genius who completely outclassed the opposition. Way to go!

John Tiedt and team also benefitted from inspired and untiring aid by some behind-the-scenes legal sleuths who are amazingly gifted at ferreting out the truth behind Ms. Diaz' lies. (You know who you are. Thanks for what you do!)

John Tiedt has worked tirelessly and in a principled manner to bring this case to the best possible conclusion. He has been busy already with all the hearings, depositions, and document production these proceedings have required. Now he will be even more busy for a time, pressing his current legal advantage to move the civil suit rapidly forward now that the bankruptcy is out of the way. One expects he will press hard for immediate class action certification, quick judgment in favor of the plaintiffs, and expeditious disposition of the defendants' assets. Go, John! You rock! Have a great time celebrating this victory!

The civil matter should be resolved soon. We may shortly see criminal charges follow.

It's a bad day for Heidi Diaz, but a very good day for justice!