THE DEPOSITION OF HEIDI DIAZ, PART ONE, continued

Asset Concealment

Heidi Diaz had a plan to conceal and dissipate her assets when she found out that a class action lawsuit was contemplated by the members of Kimkins.com. 1

On the date of the original writ of attachment hearing, October 16, 2007, Heidi Diaz had $878,252.79 in a mutual fund. A copy of the T. Rowe Price mutual fund account statement is attached to the deposition transcript of Heidi Diaz as Exhibit 39. On October 18, 2007, Heidi Diaz directed T. Rowe Price to close the account and send her a check for $878,252.79, which she placed in her Bank of America account. Heidi Diaz was then served with a deposition notice for November 4, 2007, but pursuant to her request, her deposition was rescheduled for November 12, 2007.

On Friday, November 9, 2007, the last business day before the deposition of Heidi Diaz, Heidi Diaz contacted an accountant referred to her by her lawyer. The accountant, Rahul Shaw, had not reviewed any of the financial documents of Heidi Diaz or of Kimkins.com. Nevertheless, Heidi Diaz stated that the accountant who had never examined or evaluated any financial document advised her to unilaterally write a check to the U.S. Treasury Department in the amount $700,000.

Heidi Diaz also testified at her deposition that on the afternoon of November 9, 2007, this same accountant advised her to write a check to the California Franchise Tax Board, without having reviewed a single document. Accordingly, on the afternoon of November 9, 2007, Ms. Diaz wrote check number 1501 to the U.S. Treasury for $700,000, and check number 1502 to the Franchise Tax Board for $100,000.

Heidi Diaz bragged on the internet about her efforts to conceal and dissipate assets. She prepared for the class action lawsuit and anticipated collection efforts. On August 14, 2007, Heidi Diaz and Kimkins.com member and administrator Christin Sherburne engaged in an internet conversation concerning anticipated lawsuits. Allegations of fraud and misleading advertising had been made and Heidi Diaz made the following, unsolicited statement to Mrs. Sherburne:

Heidi Diaz: Christin, have time for Law 101?

Christin: Sure

Heidi Diaz: In a nutshell, there can be no class action lawsuit or any lawsuit. ... If you had a bad car accident -- broken arm, concussion but hit a poor person with no insurance you COULD NOT get a lawyer. There is no ‘recovery’. There is no money to receive. It’s the same with Kimkins. There is no $$$. They don’t even have jurisdiction. No lawyer would touch it. do they even know who “kimmer” is. well, in a real class action suit the company is ordered to pay legal costs. but who will pay?... Anyhow, bottom line for today’s law lesson: No recovery, no lawyer.... You have to make allegations. They must be substantiated. Backed up with doctor’s reports, etc., not just that (1) prove their health before Kimkins; (2) prove that “but for” doing Kimkins there would not have been damages; (3) must have damages; (be hurt) all that takes $$$. they have to hire a doctor, get tests, deposition of doctors & whoever they can find at kimkins ;)”

Also on August 14, 2007 Ms. Diaz informed Mrs. Sherburne that “technically you can get a judgment and sue a person in court, but so what? How would you get your $$? can’t.” However, the exchange ends with an ominous statement by Heidi Diaz regarding possible future litigation. Heidi Diaz told Mrs. Sherburne, “If anything ever happened and you were involved, I am here for you $$$.”

Another attempt to evade collection was a statement publicly made by Heidi Diaz that she was no longer the owner of Kimkins.com. She now admits under oath that her statement was false. On October 4, 2007, Heidi Diaz told members that the Kimkins website was under new ownership. She claimed that she would not be the owner but would merely serve as an advisor. At her deposition, she stated that representation was false. A true and correct copy of the announcement prepared by Heidi Diaz revealing the change of ownership is attached to the deposition of Heidi Diaz as Exhibit 48.

Heidi Diaz admitted under oath to further testimony confirming her plan to dissipate assets. She admitted to making the following statement as “Kimmer” to one of her administrators:

“Unfortunately for this brilliant attorney, he is going to be disappointed to find that there is no pot of gold for recovery in the suit. Heidi collects the revenue, but does not keep it. You can imagine him telling the judge that wants to certify a class action against a housewife? Hehehe.”

Heidi Diaz has also recently formed other companies and a trust. For example, she recently paid a paralegal to form a family trust in which she intends to place assets. However, the family trust is misleading as it uses the name “Beauchamp” instead of Diaz. She formed a company known as Halcyon Web, LLC on September 24, 2007 with the specific intent of transferring all of the Kimkins assets to that company. She has also paid a paralegal to form a company known as Sharp Plumbing, LLC. She stated the company was for her son. However, upon examination she admitted that her son is not a licensed contractor and the address for the plumbing company is merely a P.O. Box. It is the same P.O. Box of Kimkins.com. She admitted that there is no physical business for Sharp Plumbing, but that company is on the internet.


1 California Penal Code Section 531 states: Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies, or defends the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor.

THE DEPOSITION OF HEIDI DIAZ, PART ONE

SUMMARY OF THE DEPOSITION OF HEIDI DIAZ, PART ONE

Who is Heidi Diaz?
Heidi Diaz has been known by the following names: Kimmer, Jennifer Dancer, Brad Curtis, Kimberely Stewart, and Kimberely Drake. She also testified that she was known on the Kimkins.com website as Vanessa, an affiliate manager. She had used the email Vanessa2lucky@yahoo.com. She also used Brandon Diaz name without his permission to receive an affiliate payment. She registered Brandon Diaz as the owner of the Kimkins website without his permission. She then switched the name of the owner to Renee Drake who was the mother of Ms. Diaz. Ms. Drake died in 1970. She has also used her niece’s name, Vanessa Romero.

How did Heidi Diaz Deceive Kimkins.com Members?

Heidi Diaz admitted that she has used false testimonials to promote the Kimkins.com website. Exhibit 2 to her deposition transcript revealed a picture of the alleged founder of Kimkins.com. This picture is the well-known photograph of the Russian woman in a red dress. She admitted that the woman featured in Exhibit 2 as Kimmer is not Heidi Diaz. It is a picture that she obtained from the internet. The text adjacent to the photograph was also false. “Kimmer” did not lose 198 pounds in 11 months as promoted on the website. She also admitted that the woman featured in the picture did not receive a graduate degree in public administration and was not a volunteer court appointed special advocate for abused children.

Exhibit 3 featured another screenshot from the Kimkins.com website that contained the image of the infamous woman in the red dress that was identified as Kimmer. Again, she claimed that the adjacent text was partially false and that the photo of Kimmer was in fact the same photo that she obtained off the internet. On that same page, she admitted that the featured story of Bambi, who purportedly lost 122 pounds was in fact false. She did claim that a company known as Clexus New Media employed an individual known by the name of Aliyar Firat. Mr. Firat reportedly supplied Heidi Diaz with a picture of the woman in the red dress. Mr. Firat stated that he would rather use an actual photo of Heidi Diaz, but Ms. Diaz purportedly did not want to reveal her identity.

Exhibit 4 is another screenshot from the Kimkins.com website. She admitted that the “before” picture was actually Heidi Diaz taken years before the start of Kimkins.com website. She again confirmed that the “after” photo was not her and was a picture she had taken from the internet. The text provided in Exhibit 4 was also false in that she had not gone from 318 pounds to 118 pounds in 11 months.

Exhibit 5 contained four photographs. The first photograph on the top was actually Heidi Diaz, but the subsequent photographs, used in various advertisements for Kimkins.com and designated as Kimmer, were in fact models. She had taken said photographs from other internet sites to be used on Kimkins.com.

She claimed the sole reason for not disclosing her identity prior to November 12, 2007 was to preserve her privacy. However, she admitted that at the time she made the subject misrepresentations, she did not feel her customers, who signed up for lifetime memberships, were entitled to the truth about her personal weight loss success with the Kimkins diet. In retrospect, she did put her privacy rights over that of her customer’s rights to know the truth about the weight loss results of the Kimkins diet.

She also admitted that she used numerous pictures of women from other websites and put these pictures adjacent to fictionalized Kimkins weight loss success stories. She admits that the women featured in the photos marked in Exhibit 50 were not in fact members of the Kimkins.com website and were not on the Kimkins Diet. She stated that the adjacent texts were false, but were predicated on success stories from the Low Carb Friends website that predated the Kimkins.com site. However, she has absolutely no documentation of any of the alleged success stories that were used as a basis for the fraudulent testimonials that were attached as Exhibit 50. Further, she has no witnesses to back up her explanation.

She admits that she knew that potential Kimkins.com customers would rely on her false representations. As a consequence, she claimed that she had offered a full refund for those people who relied on her past misrepresentations.

Official Update on Kimkins Case from John Tiedt

[Note: I haven't blogged in a while, but when John Tiedt sent this and asked us to help get it out where potential class members might see it, I was happy to post it here. If I can learn how to post the PDF link here, I will, but for now this is the best I can do. This is a 44 page document in total, 9 pages of summary of Heidi Diaz' two depositions, plus the referenced exhibits, so I will be posting it in segments. I do not want to try to condense it or explain it, because it is best left as John Tiedt wrote it. So, stay tuned for much more.]

March 13, 2008

VIA EMAIL
To Plaintiff Class Representatives and Potential Class Members
Re: Fenderson, et al. v. Diaz, et al.

Dear Friends:

We have been quite busy with the discovery process and several law and motion issues. The purpose of this letter is to bring you up to date. We were granted authority by the court to take an early deposition of Heidi Diaz concerning limited issues relating to documents, witnesses, and assets. The first deposition was conducted on November 12, 2007 at my office in Riverside, California. The second deposition was taken on January 23, 2008. Some of the testimony and documents produced at the second deposition are subject to a protective order and cannot be revealed to the public at this time. However, it is my intent to file a motion to make certain documents public. At this time, we have no set trial date. A Case Management Conference is set for July 15, 2008. Defendant Heidi Diaz filed a Demurrer to the First Amended Complaint for Damages. A demurrer is a tactic used by defendants to challenge the validity of the complaint. We have already prepared our opposition to the demurrer and we are confident that it will be overruled by the presiding judge. The hearing on the demurrer is scheduled for April 28, 2008. On March 21, 2008, the Court will hear the defendant’s motion to set aside the writ of attachment order. As you may recall, on November 16, 2007, the court entered an order to issue a writ of attachment on certain assets held by Heidi Diaz. Accordingly, the court effectively “froze” certain assets held by Heidi Diaz, such as her home and PayPal account. Our opposition to defendant’s motion to set aside the writ of attachment was filed under seal because it contained confidential information. However, I can reveal that it is our contention that the defendants do not have statutory authority to have the court reconsider its original order to issue a writ of attachment.

Kimkins, via Admin Gary, Still Recommending Very Low Calories

This was just posted at Kimkins this morning, December 11, 2007, by Admin Lasttime4me (Gary).

Note my math and comments below.


Lasttime4me (Admin)

CARBS, FAT and PROTEIN TOTALS/PERCENTAGES

Kimkins a low-carb diet and our goal is to eat 20 or less total carbs each day. The percentage of Carbs will be low compared to Fats and Proteins you eat each day. This should not alarm you in any way.

If you eat almost no carbs or low-carbs, protein and fat will naturally be a very high % of calorie intake, since that is all you are eating. If you added carbs, the protein and fat % would go down, even though the amounts didn't. So, don't worry about ratios.

As for overall totals to shoot for, no exact guidelines. Eat from the food lists, to appetite, no more, keeping carbs always below 20, and fats are low as you reasonably can. This IS NOT a fat-free diet so use fats to make your recipe work for YOU!

Now, once you are well on your way, feeling strong and confident, with good appetite suppression working for you, and just looking to make tweaks, the fastest losses seem to be around 800-1200 cals, 30 - 40 grams fat, 60 - 100 grams protein, 8-12 grams (or less) carbs. But, that is NOT an official rule, nor can everyone want to or need to do that.

Make sure you take your multi-vitamin and drink at least 8 glasses of water or MORE!

I do understand the bind Gary is in. During my time at Kimkins, Kimmer repeatedly ignored and refused requests to elaborate on the diet plans or offer more info to answer the many newbie questions for help and specifics. She repeatedly stated that the diet was simple, and she could not understand why anyone would have trouble figuring it out or need more explanation. She directed the moderators to answer the lost and confused 'newbies', for whom she showed little patience.

(I now wonder whether her refusal to elaborate was because she was too busy marketing for new 'sales' to care about the existing members, or because she deliberately wanted to put her Mods and Admins out on the line for her.)

So, I understand that Gary, Singling Lass, and the other experienced members field the same questions over and over and over, that Kimmer should have answered in her published guidelines and ebook. As they have run into those same frustrations, they have begun to do what previous Admins did, which is to compile a bank of "stickies", permanent posts at the tops of the main forum categories that fill in the gaps and answer the questions that come up all the time. It is helpful for members --- but creates a convenient buffer between Heidi Diaz and her dangerous advice. She can then try to blame the Admins for creating the poor advice she is passing along through them.

Now, let's do the math:

Gary advices 800 - 1200 calories, because that is the latest 'Admin-safe' party line, though NOWHERE in the published diet rules has Heidi/Kimkins changed the actual guidelines to say this. If Heidi REALLY believed and wanted to say that, she could write exactly that into her 'simple' bullet-point paragraph guidelines.

Then Gary goes on to give a fairly generous interpretation of the macro-nutrient levels Kimmer has advised. I (and many others) specifically recall Kimmer saying in a scheduled all-site chat one time that the ideal amount of fat for Kimkins was 20 grams a day, 30 tops, but Gary has bumped that up to 30 - 40 grams of fat.

Likewise, over time, I watched as Kimmer revised her recommended protein intake down, from the "at least 70 - 90 grams" she listed at LCF, to the 60 - 80 she first published at her own site, to no officially listed amount, but frequent posts mentioning 60 g and later 50 g. So, Gary's 100 g of protein is quite extravagant by traditional Kimkins standards.

Similarly, Kimkins states 20 or fewer carbs, but Kimmer has always promoted the idea of even lower carb levels for 'deep, real ketosis' and maximum appetite suppression, with 8 - 12 being a commonly mentioned level.

Gary even advises drinking ample water, which Kimmer herself never did.

So, how does his math add up?
Each gram of protein or carbohydrate has 4 calories. Each gram of fat has 9 calories.

Thus, on the high side, Gary's ideal recommendation has 808 calories:
40 g fat x 9 = 360 calories
100 g protein x 4 = 400 calories
12 g carb x 4 = 48 calories
TOTAL: 808 calories

On the low side, Gary's ideal recommendation has 542 calories:
30 g fat x 9 = 270
60 g protein x 4 = 240 calories
8 g carb x 4 = 32 calories
TOTAL: 542 calories

People can try to bump Kimkins up to higher levels all they want, but the actual guidelines, the math, and the culture Kimmer has created just don't support it. She always intended Kimkins to be very low calorie levels, mainly achieved through very low fat levels. She taught it that way, people learned it that way, and that is the only way to get the fast weight loss results she boasted about in her claims (along with the negative health consequences she denied). That is what Kimkins is, and what it will always be as long as it is Kimkins. That is Kimmer's way.

Frankly, that is the way MANY people at Kimkins (or doing the diet elsewhere) STILL do it, in spite of Jeannie Baitinger's recent efforts to raise the calorie levels. That is why so few post FitDay links anymore --- they do not want it known how little they actually eat.

The only way to meet Gary's stated ideal calories, which are still considered low by safe medical standards, would be to raise fat to 60 - 85 grams. After all, Kimkins cannot raise carbs too much and still be a low-carb diet that claims an extra-deep level of appetite suppression. Kimkins also cannot raise protein too much higher without triggering gluconeogenesis, the conversion of excess protein to glucose.

Adding good healthy fats is the only way to make Kimkins safe, healthy, and adequate.

It also makes it Atkins.

KTLA News, Part 4

Heidi Diaz, the founder of the popular internet diet, Kimkins, admitted under oath in sworn deposition that her diet was based on a lie, KTLA investigative reporter Chip Yost reports.


Click here to watch the video of the newscast.

KTLA Update

An update on the Kimkins story is airing tonight, Wednesday, November 28, with Chip Yost - KTLA Channel 5 News at 10 p.m. Pacific time.


I will post the video link once it airs and goes online.
http://ktla.trb.com/news/

The REAL Heidi Diaz

(It has been a while since I posted to this blog. Frankly, it got overwhelming, and I needed a 'real world' break. I do have some things saved as drafts, which I will go back and post over the next week or so. [NOTE: Two are now posted below this.] These are eventful times, and I have a LOT to catch up on. However, this latest is too important not to publish.)

Attorney John Tiedt, representing the plaintiffs in the class action law suit against Heidi K. Diaz/Kimkins, took her sworn deposition on November 12, 2007. The depo lasted from about 10:00 am to about 5:00 pm, with a lunch break.

The entire deposition was video recorded. He has now released a screen shot of Heidi Diaz taken from that recording.

She appeared heavier in person that day than she did in the picture that she posted on her site that same day with her so-called 'confession' and 'apology'.

Ironically, she seems to have told the truth when she said red is her favorite color.

Who's in Charge at Kimkins?

As mounting evidence of continuing criminal fraud and dietary damage has escaped from internet forums and into 'real life' public notice, even Kimmer, who had claimed to be 'completely unconcerned' about it all, has finally had to realize that she is in legal and financial jeopardy. Thus, she recently adopted a new "duck and cover" strategy to try to protect herself and keep the money rolling in.

In an email to members on October 4th, Kimmer announced a 'change of ownership' at Kimkins, and now pretends to be 'gone' from Kimkins. That easily can and will be proven to be completely false.

Why should anyone believe her claim about not running the business anymore, anyway, when she has been proven to lie easily about so many things already, and has freely admitted to using multiple identities for years? After all, the only 'evidence' that she has stepped back is just her own brief emailed statement.

However much she shuffles names and titles and structure, Heidi 'the Kimmer' Diaz is still very much in charge of Kimkins, still perpetuating fraud, and still profiting from every new membership sold. In fact, good authority states that she has been actively posting on the site under 6 or 7 different identities within the last month. [NOTE: Danielle Hauck, wannabefit2, noelle88/Noelle Lawson, Admin, PimpMyDiet, Wonder Woman, and probably dwmcneill] She did take some time off of posting under any for a few days after October 15, when a lawsuit was filed against both Heidi 'the Kimmer' Diaz and the business entity of Kimkins, under any and all aliases.

She has continued to answer questions or comments from her AskKimmer gmail account. People who have emailed supportive messages to her at that address have received this message in return:

I'm still here, but behind the scenes. You can reach me anytime here -- it's just like a PM. No abandonment issues! Everyone still has "direct access". :)

(This statement seems a clever ploy to deflect any possible complaints that she defrauded on her promise of personal coaching for members.)

She also continues to manage and promote the site, by posting testimonials and blog entrees, etc. In typical Kimmer style, one of her most recent blog posts was a stolen cartoon, lifted and used without credit to the author.

Think about it realistically. Who would purchase or otherwise assume liability for a foundering business in a time of scandal and legal crisis like this?
Who, having stepped in to clear up a web of secrecy and deceit, would not then provide full disclosure, introduce themselves, open up communication, calm the members' concerns, and work overtime to correct every bit of wrongdoing?
The notion that the 'new owners' are hiding to avoid exposure by the anti-Kimkins 'haters' is preposterous! That is simply not how legitimate businesses operate.

No, the vague unsubstantiated statement, accompanied by empty assurances, and followed by the banning of anyone who questions the story is very much more of the same Kimmer treatment. Lying and hiding to protect herself while allowing the Admins to do the work, take the heat, and cover for her is very much Heidi's style.

Kimmer had previously discussed in PMs to at least 2 Admins how things might continue to function if she were forced to "leave" for a while. That is all this is ---- a pretense of 'leaving' while waiting for things to 'blow over'. (Not going to happen!)

Some of the less deeply-involved Admins did not know this was coming until the got the same email everyone else did. Just as none of them met the real Kimmer, none of them have met or know anything about the 'new' people, either. However, whether the current Admins know this is a ruse, or sincerely believe Kimmer's story, they are being used, once again, to front for a lie.

Heidi keeps lying, even to her own members, because it's what she does.

The Case Against Heidi Diaz . . .

. . . . Kimkins, and all associated "Does" (meaning aliases, as in John Doe/Jane Doe)

If you would like to see for yourself the extent and nature of the complaints, and the weight of evidence so far gathered against Heidi Diaz/Kimmer/Kimkins, you can access it through a public records search by clicking here.

To log in, enter GUEST in the spot for Operator Code, and leave the password field blank.

On the next screen, enter Diaz as last name, Heidi as first name. (If you do that, it will bring up two cases, the first one being her impending December court date for being in default on student loans, and the second one being this lawsuit.)

and/or enter the Case Number: RIC483005

Scroll down to the last entry, "COMPLAINT FILED FAST TRACK - SUMMONS ISSUED" and click on the little camera icon.

You will be able to download and view 30 pages at a time.
There are 215 pages altogether.

KTLA - Part 3

KTLA Exclusive!!! Internet diet Scam Exposed


In this 3rd installment of his expose' of 'the Kimmer' and the Kimkins diet scam, reporter Chip Yost of KTLA television station in Los Angeles tipped off viewers to some BIG NEWS I have known for some time and had been asked to keep quiet.

In the broadcast on Thursday, October 18, reporter Chip Yost features the fake success stories using stolen 'Russian bride' photos, including Kimmer's infamous 'red dress' fraud.

He leaked news of the rapidly escalating legal challenges facing Heidi K. Diaz (Kimmer) and Kimkins, reported that the lawsuit has already been filed, and that Heidi 'the Kimmer' Diaz will be required to appear for deposition on November 1, 2007.

This is a major milestone in the case against Heidi Diaz/Kimmer, and it is only the beginning of actions that will soon bring a halt to the Kimkins fraud.

To watch Part 3, click here.

The series will continue, as more information surfaces and new developments occur.

I repeat what I said after the last episode, with even more urgency:

Kimkins is winding down, and Kimmer is running out of time.

For any remaining Kimkins members, it is past time to be looking for a new forum to join. This cannot last much longer, and it will not end well.

Kimkins: The Perfect Storm, Part 4

What happens when a deceitful, disordered person promotes effective but defective diet plans which then grow into a dynamic but dysfunctional business?

That confluence forms the perfect recipe for disaster.

The ingredients?
The person, Kimmer/Heidi Diaz
The professional practices of Kimkins
The plans of Kimkins
The plan behind the plans at Kimkins
The people of Kimkins

Now, a look at what has been dubbed the plan behind the plan.

One of the accusations most often leveled against Kimkins concerns what has been dubbed 'the plan behind the plan'. This charge concerns the persistent and well-documented tendency of Kimmer/Heidi Diaz to continually push for very low and even lower and even still lower calories, to promote daily laxative use, and to overlook eating-disordered behavior, all in an effort to see those numbers on the scale move virtually every day.

This was apparently Kimmer's modus operandi at Low Carb Friends (LCF) for years, where the original 'Ask Kimmer' thread is preserved. The trend continued and became even more extreme at the Kimkins site, since Kimmer was essentially unopposed there. In fact, Kimmer's own repeated pronouncements would be perfectly compatible with a pro-anorexia support site rather than any safe and reputable diet support site. Kimmer/Heidi regularly set the standard at 500 - 600 calories per day, and ALWAYS recommended cutting calories deeper when someone was stalled or even simply losing more slowly than desired. This is irrefutable, as many of us can easily document. By doing this, Kimmer formed the culture which inevitably continues to influence Kimkins, no matter what changes those in charge may pretend or promise.

The plans as written are still VLCD, and the 'plan behind the plan' still permeates the culture. In fact, that is the only way that Kimkins can brand itself with its unique selling proposition of "No faster diet. None." The latest ploy is to suggest (*wink, wink*) that everyone get enough healthy fats and a full allowance of vegetables, at least 800 calories daily with cycles of higher calories, plus daily water consumption and daily exercise, plus a full complement of targeted nutritional supplements. With all that, Kimkins wouldn't be Kimkins anymore --- it would be Atkins! And it could no longer promise big losses much faster than the standard 1 -2 lbs. a week that Kimmer has ridiculed so much.

So, is there real evidence of 'the plan behind the plan'? Oh, plenty!!

Did the dieters who developed health problems really 'take it to the extreme' all on their own, against Kimmer's wishes? No way!!

Here are just a few excerpts, out of dozens and dozens of potential examples, with screen shots to back them up:

~~~One member wrote of regularly going almost all day before eating eating anything, and usually taking in 400 - 600 calories a day.

Kimmer replied, "(Name), do what feels right to do. . . . Many of us have to overcome "forcing" ourselves to eat or ignoring when we're "supposed" to eat. Work at it!"

~~~A Kimkins member posted that she was eating less than 500 calories a day, more like 300 calories, but wasn't hungry. She asked if that was enough calories, and if there was no truth to the 'starvation' theory.

Kimmer replied that the body runs fine on stored body fat for all its calories, and gave the equation of exactly how many calories an obese person is carrying with them before they need more fuel. She said, "Want more proof low calories are OK? What about people who have gastric bypass surgery and the very goal of surgery is for them to limit their daily calories to 500! They lose just fine. Any complications are a result of the surgery or pre-existing health conditions brought on by obesity." (Note: this is not correct!) Then, she goes even further and recommends the poster consider long-term fasting, saying Dr. Furhman supervises patients who fast for several months at a time.

~~~ Another member posted that she had eaten 546 calories, and was not hungry, but wondered if she should eat more?

Kimmer replied, "I'm begging you, please don't eat if you're not hungry! We've all got to work on the 'I should' tapes in our head."

~~~One member reported episodes of dizziness and racing heartbeats, and asked if it could be caused by not eating much food. A couple of other members reported similar episodes, which in both cases they related to very low calories and said the episodes went away when they ate more.

Kimmer replied, "I disagree about not taking in enough calories. Water fasters take in 0 calories and their hearts are fine. So long as you have sufficient body fat, there's no problem. You're thin, but not overly so. By all means I'd snack on lean protein and be sure you're getting in the RDA of 60 grams, but it takes very little chicken/beef/eggs to do that."

When the original poster reported doing fine after adding more food in the morning before work, Kimmer replied, "I'm glad you felt better after chicken & cheese, but since neither has any carbs to speak of (and it takes 24-48 hours to synthesize protein), it didn't have an affect on your blood sugar or deficiency."

~~~One member reported that she was trying to keep her calories up to 400, but had only managed that once. She reported days of from 188 to 443 calories, with protein intakes as low 17 grams and fat as low as 7 grams.

Kimmer's response? "Did I tell ya or did I tell ya? It would happen! Don't panic about low calories. . . . Bottom line, as long as you have sufficient body fat you don't need to eat calories -- you're carrying them with you."

Wow! Is she claiming that people who are overweight don't even need calories at all?

When my own weight loss slowed to a crawl on Boot Camp, part of Kimmer's response was, "Someone can "eat clean" and still be too high in calories, even if they're low by other diet standards. Certainly no one would think 900 calories a day is "high", [Note: I was NOT eating that much] but it's 3 times as much as someone doing the Egg White Challenge at 300 calories a day. Weight loss will be different. Don't forget people who dabble in days of fasting, too."

When we original admins confronted Kimmer with our concerns, her response about low calories was, "I don't believe in starvation mode. I cannot and will not say anything about minimum calories. A grilled chicken breast and a 1 cup USDA serving of mixed greens is 200 calories. It just is. Adding fats or starches isn't "healthier" to up the calories."

Wow! As if 500 calories wasn't low enough, was her REAL intention 200 calories all along? (Notice how she dragged in starches when no one had said anything about that.)


As for some people at Kimkins dismissing or casting doubt on the health issues of former Kimkins dieters by saying 'no one really knows' how they ate, or that they 'took it too far' all on their own - not true! Until recently, most of the people there made their food journals public, and many posted to the Daily Menu thread, where very low calories were the norm and the goal. Kimmer herself posted to the menu thread for a good while, and reviewed many journals, always favoring lower calories.

Christin wrote an excellent blog entry on this very point: Used or Abused?

In response, I posted a comment excerpted here:

It is beyond belief that anyone would honestly say you abused the plan. You EPITOMIZED the plan. You were Kimmer's star pupil, her protege, her chosen cover girl. Kimmer checked and approved your FitDay more than once, and always suggested even more cuts to lower things. You were the one Kimmer asked to cover the 'Ask Kimmer' thread for her. You were the one Kimmer selected to run the Kimkins 'Loser Line' Chats. You were the one whose "FAQ: How I Did It" thread was pinned up at the top of the main forum for all to see and follow, with Kimmer's full support and blessing. You and your 300 calorie egg-white days were the example she threw in my face when I complained that the diet wasn't working as promised. You are STILL the one whose weight loss story is on the front page of the site, to sell memberships!

In fact, Kimmer's comment on Christin's FAQ thread was, "Brava, girl!"


What about the allegations of Kimmer recommending daily laxative use for weight loss?

"How about just doing a 25% dosage for a couple of days? Well, actually every day to compensate for the lack of veggie fiber . . . . I predict you'll absolutely have a "whoosh", LOL."

"If anybody is doing MoM [Note: Milk of Magnesia], it needs to be a daily thing since Kimkins is low in fiber. If you take MoM and get "action", then stop taking MoM, everything will begin backing up again and the scale will show a fake gain.

Are we going to be laxative addicts? No. Once you're close to goal and begin adding back good higher fiber carbs (not Twinkies!), things will move on their own. Or maybe not? The market is chock full of laxatives and not everyone who's buying them is doing low carb so there must be a serious constipation problem out there!

A reminder for dosage is take the maximum dose the first (and maybe second) night, then a 25% or 50% dose every night thereafter."

I could give so many more examples of Kimmer actively encouraging extremely low calories, fasting for weight loss, daily laxative use, and of her being either oblivious or accepting of eating-disordered behavior. Personally, I have come to believe that is how she once lost some weight, though that approach left her unable to reach goal and maintain it, as she claimed. I believe she herself is extreme and disordered in her eating, and that will always eventually come through in any eating plan or diet site she is part of --- and she is still in charge of Kimkins, have no doubt.

Whether recommending and supporting members in attempts to fast off 100 lbs., or to eat nothing but egg whites or nothing but fish for months at a time, she was and is the driving force of 'the plan behind the plan' that created the Kimkins culture.

When I first read these types of things, I thought I must have been misunderstanding --- that Kimmer could not possibly mean what it seemed like she was saying. I thought maybe she just lacked social or communication skills. After a while, as I began to realize how extreme her views really are, I tried to mitigate and buffer them as best I could with a more reasonable and balanced approach.

At times, though, I still felt myself being sucked into the vortex of ever-lower calories for continuing losses. Even as an intelligent middle-aged woman, I sometimes caught myself toying with the flitting idea of a few days of fasting or a dose of laxative tea, just to see the scale reach a magic number. It frightened me.

Anyone at Kimkins who has avoided 'the plan behind the plan' did so in spite of Kimmer, no thanks to her.

The 'plan behind the plan' IS the plan.
The rest was just a front.

'Professional' Practices of Kimkins, Take 3: The Infamous Red Dress Picture

As if any further proof of fraudulent business practices at Kimkins by Kimmer/Heidi is needed, check this out:



This is the beautiful 'red dress' picture that Heidi/Kimmer posted on the new Kimkins site in late May, 2007, claiming it was her current 'after' picture. She even told stories of the photo shoot, of needing a few glasses of wine to loosen up, of how the photographer had her twist and turn to look her best, how the lighting and filters were 'kind' to her. She 'modestly' accepted praise for her beauty, gave credit for her youthful appearance to her supposed Retin-A routine, gave credit to 'good genes' for her firm muscle tone.

Kimmer's target market, primarily desperate, overweight women, were to believe that this was the current photo of an almost 50-year old woman who had lost almost 200 pounds in less than a year, and maintained it. In actual fact, it turns out to be the stolen photo of a 27-year old Russian mail-order bride named Lesya. See the original source here.

Here is another photo of Lesya from that same Russian agency:
(Thanks go to buzzybee of LCF for this discovery.)

This photo has recently been removed from the Kimkins website, but, at the time of this writing at it can still be seen as Kimmer's 'after' shot on various newsletters and blogs around the internet, not to mention in archived copies stored for the legal authorities.

Kimmer played upon the hopes and fears and deepest emotions of an already vulnerable group of people. She eagerly sold them the lies she knew they so fervently wanted to hear, with her full assurance that she could help them achieve their dreams, as she claimed she had done. She exploited the photos of these Russian mail-order brides, who are an already exploited group of women. Then she used these photos to exploit tens of thousands of trusting customers who were willing to risk $60 on the fond hope these wonderful results could be theirs as well.

That is not only immoral---it is illegal.
It is not just a bad business judgment --- it is fraud.

And, at this late stage of the game, those associated with Kimkins who knowingly suppress this evidence, or delete posts pointing out this evidence, may be seen as accessories after the fact to fraud, and share in the guilt.

The 'Professional' Practices of Kimkins, Revisited

On 9/27, I wrote:
~ Fraudulent Marketing: In her marketing campaign, she lied to prospective members by spamming Craigslist with fake listings to plug Kimkins, by posting phony 'articles' and answers and numerous blogs for Kimkins all over the internet under various names, by promoting Kimkins with false implied celebrity endorsements specifically to target teens, and primarily by posting numerous fraudulent 'success' stories with 'lifted' and photoshopped 'before' and 'after' pictures. She also made numerous claims she had no proof of or right to make, in violation of FTC regulations.


A recent breakthrough brought irrefutable proof of this false advertising. Struck by the thought that certain 'success story' models looked vaguely Eastern European, former Kimkins member vanillasky (aka Cilantro at lowcarbdiscussion, or Caro at LCF) decided to check Russian 'mail-order bride' sites, and soon stumbled upon a photo that Kimmer had claimed was an 'after' image of a Kimkins success. As news of that discovery spread across the internet, many other people, primarily a large contingent from LCF, began searching various similar sites, finding phony 'success' after 'success' very quickly.

They also found that the names Kimmer and Kimmer2 were already taken at some of those Russian site forums.

Remember "Kim Drake' in the leopard print blouse from Woman's World?


At the time of this writing, the group's efforts have uncovered the real photos of:
'Kim Drake', the alias that Heidi/Kimmer used in Woman's World magazine
'Vanessa', imaginary Kimkins Affiliate Manager
21 false 'success stories'

and are continuing to search for more.



See them all here at Kimkins Exposed.

It is now evident that Kimkins actually has very few verifiably real success stories.
At least one prominent success story freely admits to using Kimkins less than half of the time. Another one used another low-carb plan instead of Kimkins.

Even worse, at least half of the real success stories have now renounced Kimmer and Kimkins completely, and been banned from membership. Many of those have filed cease and desist orders, to have the use of their names, images, and stories completely removed from the site.

These photos seems to be clear evidence of criminal fraud. This information has been turned over to the proper authorities.

Kimkins is collapsing.

KTLA - Part 2

KTLA Exclusive!!! Internet diet Scam Exposed




Watch Part 2 here.

In this broadcast from Wednesday, October 3, reporter Chip Yost highlights the health risks associated with Kimkins as well as the looming legal problems facing Heidi K. Diaz (Kimmer) and Kimkins.

The series will continue, as more information surfaces and new developments occur.


Kimkins is winding down, and Kimmer is running out of time.

For any remaining Kimkins members, it is past time to be looking for a new forum to join. This cannot last much longer, and it will not end well.

This just in . . . . . .

The KTLA website proclaims: KTLA Exclusive!!! Internet diet Scam Exposed



Part 1 of a series exposing Kimmer of the Kimkins diet aired Tuesday, Oct. 2, at 10 PM on KTLA television in Los Angeles.

Part 2 is due to air Wednesday, Oct. 3.
Chip Yost is the investigative reporter working on this story.

Watch the video of Part 1 here.

The voice heard is unmistakably that of Kimmer, heard on the phone interview podcast with Jimmy Moore. Others who have spoken to Kimmer on the phone confirm that it is definitely her voice.

Other recent information sheds even further confirmation on the fact that Kimmer of Kimkins definitely IS Heidi Diaz as seen on this video, and definitely is NOT the 'lady in the red dress' previously presented as Kimmer's 'after' photo.
Watch for further developments as this unfolds.

Robert Charlton of Alliance Investigative Services, the private investigator working on this case, describes the surveillance in more detail here.

This controversy has now spilled from internet diet sites out into the real world, and it will only spread from here. The end is near for Kimkins.

Once again, I plead with the few remaining Admins of Kimkins to walk away, far and fast, in case it is not too late.

I plead with the members remaining at the Kimkins site to really examine the evidence with an open mind and heart. Whatever you may think about the motives of those on 'the other side' and however poorly or hurtfully it may at times have been conveyed, please just be willing to examine the preponderance of evidence, and realize that there is even more that is not published here, but is in the hands of authorities even at this moment.

There is a reason this is newsworthy, and it is not a jealous business vendetta, or overly-dramatic bloggers or bored online posters, as Kimkins members have been told. It would not have gotten this far if it was just a smear campaign with no basis. This is making the news, and will continue to make bigger news, because Heidi K. Diaz is defrauding the public with reckless disregard for their health and safety.

Leave Kimkins and find an online home elsewhere now, where you can continue to lose weight in a supportive and healthy environment. Soon, you will have no choice anyway, because the Kimkins site as you knew is going, and will soon be gone.