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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. CV 13-02411-REB-CBS

KIRBY MARTENSEN,
Plaintiff(s),
v.
WILLIAM KOCH, OXBOW CARBON, LLC,
OXBOW CARBON & MINERALS, LLC,
OXBOW CARBON & MINERALS,
INTERNATIONAL GmbH, MICHAEL
MCAULIFFE, RICHARD CALLAHAN,
and DOES 6-25,
Defendants.

__________________________________________________________________
PLAINTIFF'S THIRD AMENDED COMPLAINT FOR DAMAGES
__________________________________________________________________
Plaintiff Kirby Martensen (hereinafter "Martensen" or "Plaintiff") alleges
against Defendants William Koch, Oxbow Carbon, LLC, Oxbow Carbon &
Minerals, LLC, Oxbow Carbon & Minerals, International GmbH, Michael
McAuliffe, Richard Callahan, and Does 6-25 (hereafter "Defendants") as follows:

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JURISDICTION AND VENUE
1.

This Court has jurisdiction over this action under 28 U.S.C. § 1331

and 28 U.S.C. § 1332. Jurisdiction is conferred on this Court pursuant to 28
U.S.C. § 1332 because Plaintiff and Defendants are citizens of different states and
the amount in controversy exceeds $75,000.
2.

Venue in the District of Colorado is proper because (1) a substantial

part of the events at issue occurred in the District Court of Colorado; (2)
significant material events occurred in the District of Colorado; and (3) the place
where a substantial part of the tortious actions occurred and the place where a
substantial part of Plaintiff's injuries were felt occurred in the District of Colorado.
PARTIES
3.

Martensen currently resides and at all relevant times resided in

Berkeley, California.
4.

Defendant William Koch (hereinafter “Koch”) currently resides and

at all relevant times resided in the State of Florida.
5.

Defendant Oxbow Carbon, LLC (hereinafter “Oxbow Carbon”) is a

Delaware limited liability company with its principal place of business in West
Palm Beach, Florida.
6.

Defendant Oxbow Carbon & Minerals, LLC (hereinafter “OCM”) is a
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Delaware limited liability company with its principal place of business in West
Palm Beach, Florida. OCM is a wholly-owned subsidiary of Oxbow Carbon.
7.

Defendant Oxbow Carbon & Minerals International, GmbH

(hereinafter “OCM International”) is a limited liability company with its principal
place of business in Fribourg, Switzerland. OCM International is a wholly-owned,
indirect subsidiary of Oxbow Carbon.
8.

Defendant Michael McAuliffe (hereinafter "McAuliffe) was the

elected State Attorney for Palm Beach County, Florida until on or about January
15, 2012, when he announced his resignation from office and new employment by
defendant Oxbow, effective immediately in response to what McAuliffe described
as "a once-in-a-lifetime-opportunity." McAuliffe is and at all relevant times has
been married to Judge Robin Rosenberg, a judge of the 15th Judicial Circuit Court
in Palm Beach County, Florida, where Oxbow filed its groundless, malicious,
frivolous and defamatory lawsuit against Kirby Martensen.
9.

Defendant Richard Callahan (hereinafter "Callahan") was at all

relevant times employed by defendant Oxbow as in-house counsel. Callahan
knowingly and willfully participated in: (1) planning and executing Koch's and
Oxbow's conspiracy to commit tax evasion and defraud the United States Internal
Revenue Service (hereinafter "IRS") in violation of 18 U.S.C. §371 and 26 U.S.C.
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§7201; and (2) planning and executing Koch's and Oxbow's schemes to insulate
their conspiracy from IRS scrutiny by inter alia threatening, intimidating,
bankrupting, defaming and discrediting Plaintiff Martensen as a potential IRS
whistle-blower in violation of 18 U.S.C. §§271 and 1512(b)(1) -- and making an
example of Martensen to deter other Oxbow employees from acting as a witness
and/or IRS whistleblower providing information concerning Koch's and Oxbow's
tax evasion scheme.
10.

Martensen is ignorant of the true names and capacities, whether

individual, corporate or otherwise of DOES 6 through 25 herein, and prays leave
of Court to insert the true names and capacities of such Defendants when they
become known or ascertained together with appropriate charging allegations.
11.

Martensen is informed and believes and thereupon alleges that at all

relevant times to this litigation, the defendants, and each of them, acted in concert
and/or conspired to cause the harm and damages alleged herein.
STATEMENT OF FACTS
12.

From late 1995 continuously until March 22, 2012, Martensen was an

employee of companies owned and/or controlled by Koch including Oxbow
Carbon, OCM and OCM International, or one of their affiliated companies
(collectively "Oxbow"). Martensen held various positions with OCM, most
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recently Senior Vice-President-Asia of OCM International. The Oxbow entities
are privately held companies; and Koch is the founder, chairman and majority
owner of the Oxbow entities. Koch controls the business operations of the Oxbow
entities, Koch establishes and/or approves all company policies of the Oxbow
entities, and Koch makes and/or approves all important business decisions
regarding the Oxbow entities.
13.

Each year, through its subsidiaries and affiliates, Oxbow supplies

millions of metric tons of petroleum coke and steam coal by vessel, rail, barge and
truck to customers throughout the United States and countries located throughout
the world. Oxbow is the largest distributor of petroleum coke (sometimes referred
to a "pet coke") in the world, with annual shipments of nearly 11 million metric
tons. Oxbow exports petroleum coke worldwide into the European, Latin
American and Pacific Rim markets. Oxbow sells significant amounts of petroleum
coke and coal throughout Asia, shipping millions of metric tons of product to that
region each year.
14.

In late 2011, Koch promoted and/or approved the promotion of

Martensen to the position of Senior Vice President-Asia with OCM International,
and relocated him from his home in Berkeley, California and his office in Pleasant
Hill, California to OCM International's Singapore office. Oxbow gave Martensen
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a 40% salary increase, provided him with two leased vehicles, and paid for his
household expenses including rent, utilities, appliances and house cleaning in
exchange for relocating to Singapore. Oxbow also agreed to fully cover the cost
of his two small sons' education in Singapore.
15.

Martensen understood that the goal of this assignment was to help

legitimize Oxbow's Bahamian shell company. This included, but was not limited
to, discussions and negotiations concerning the sourcing of petroleum coke and
sales to Asian customers. Martensen was informed that his relocation to Asia was
intended to benefit Oxbow for tax purposes. More than 75% of Oxbow's profits
from the export of fuel-grade petroleum coke were derived from its Asian trading
business. Martensen is informed and believes and, as a result, alleges that his
relocation was part of Oxbow's plan to evade paying taxes to the United States on
profits in excess of $200,000,000 per year.
16.

Early in 2011, Koch received an anonymous letter which alleged that

Martensen and another Oxbow employee, Larry Black, had been engaging in theft,
breaches of fiduciary duty, fraud, and self-dealing against the Oxbow entities
doing business with three companies in the People's Republic of China, i.e.
SINOCHEM, DAJIN and NOVA. Based on this anonymous letter, Koch directed a
lengthy and comprehensive forensic review of thousands of documents, including
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the written corporate communications files (letters, memoranda, electronic
corporate communications, etc.) of several employees of Oxbow, including
Martensen (the "Koch/Oxbow investigation").
17.

Based on this surreptitious "Koch/Oxbow investigation" of

Martensen, including his emails and voice communications, Koch learned that
Martensen and other Oxbow employees expressed (1) concern about the legality of
Oxbow's tax avoidance strategy and (2) their distrust of Oxbow's upper
management, leading Martensen and others to consider leaving Oxbow to compete
against their former employers. Consequently, Koch and Oxbow promoted and
implemented a plan to intimidate and discredit Martensen for the purpose of
chilling his speech and damaging his credibility and reputation.
18.

As part of Koch’s plan and conspiracy with Oxbow, McAuliffe,

Callahan, and Oxbow's agents to defraud the Internal Revenue Service and commit
the substantive offense of tax evasion in violation of 18 U.S.C. § 371 and 26
U.S.C. § 7201, respectively, defendant Koch required Plaintiff to move himself
and his young family to Singapore to create the illusion that Oxbow's income
producing activities had been legitimately transferred to an entity operating
outside the United States, no longer controlled by defendant directly and/or
indirectly through Oxbow, including its various subsidiaries. By the time Plaintiff
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moved himself and his family to Singapore in December 2011, defendants had
already decided to (1) terminate Plaintiff's employment and (2) refuse to pay
Plaintiff the bonus of roughly $1.1 million Plaintiff had already earned. Koch,
McAuliffe and Callahan also planned, orchestrated and directed Koch's and
Oxbow's agents to (a) fraudulently induce Plaintiff to travel to
Colorado--purportedly to honor Plaintiff and pay Plaintiff his bonus and
(b)"confront," interrogate, intimidate, falsely imprison and falsely accuse Plaintiff
of stealing more than $40 million, in order to discredit, demoralize and deter
Plaintiff from acting as a witness and/or IRS whistleblower against him (pursuant
to 26 U.S.C. § 7623) regarding the tax crimes aforesaid in violation of 18 U.S.C. §
1512 (b)(1).
19.

On or about January 15, 2012, Defendants Koch and Oxbow hired

Palm Beach County State Attorney Michael McAuliffe to participate in designing
and implementing the conspiracy against Martensen. Defendant McAuliffe was
hired in part based on his relationships with local judges and law enforcement
officials in Palm Beach County, Florida, where Oxbow filed a frivolous, vexatious
and defamatory lawsuit against Martensen based on allegations Koch and Oxbow
knew were false. In a calculated attempt to insulate and shield the conspiracy and
co-conspirators’ communications from discovery by "claiming attorney-client
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privilege," Koch and Oxbow utilized attorneys McAuliffe and Richard Callahan to
plan, direct and implement the conspiratorial scheme, including planting
eavesdropping equipment and a hidden video camera disguised as a fire alarm in
the room at Koch's Colorado ranch where Martensen was confronted and
interrogated for several hours. Koch and Oxbow - assisted by McAuliffe and
Callahan - crafted their frivolous, vexatious and defamatory lawsuit and filed it in
the 15th Judicial Circuit Court. This lawsuit was filed and served on Plaintiff
Martensen at Koch's Colorado ranch on March 22, 2012, immediately after Koch
and Oxbow concluded their several hours of accusation and interrogation of
Martensen. Martensen was falsely imprisoned for several hours in a cabin where
they had posted a local deputy sheriff. Martensen was told "the Sheriff's here to
make sure you don't wander off."
20.

In early 2012, Koch through Oxbow directed Martensen and other

executive employees of OCM International (Larry Black, Wenming “Charlie”
Zhan, Joe Lombardi, Rich Ansley and Bruce Taverner) to attend a meeting with
Koch and others at Koch's private Colorado ranch known as Bear Ranch. Bear
Ranch is located in a remote area of Gunnison County, Colorado in the vicinity of
the intersection of State Highway 133 and County Road 12. It is accessible only
through a private road owned and maintained by Mr. Koch, and the entrance to the
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private road is manned by guards. In March of 2012 there was no public access to
Bear Ranch. The meeting was scheduled for March 21 and March 22, 2012. Koch,
through Oxbow, directed and induced Martensen to attend the meeting under false
pretenses.
21.

On the morning of March 21, 2012, Martensen -- using a round trip

ticket -- flew directly from San Francisco International Airport to Aspen-Pitkin
County Airport in Aspen, Colorado on United Airlines Flight Number 5584. He
arrived just before noon and was met at the Aspen Airport by Koch. After lunch
in Aspen, Koch drove himself, Martensen and others to Bear Ranch to have dinner
and spend the night.
22.

When Martensen arrived at Bear Ranch, Koch informed Martensen

and the others that there was no cell reception or internet access at Bear Ranch.
Koch directed IT employees of Oxbow to minimize employees' (including
Martensen's) access to phone or internet outside the ranch. As a result, Martensen
had no way to communicate with the outside world while he was at Bear Ranch.
Defendants were aided and abetted in their conspiracy to falsely imprison and
inflict emotional distress upon Martensen by Richard J. Elroy (hereinafter
"Elroy"). Elroy is currently charged in Rock Island County, Illinois with four
felony counts of allegedly tape recording witnesses for defendant Koch in
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connection with Koch's lawsuit filed against the Rock Island Auction Company
currently pending in the 15th Judicial Circuit Court in Palm Beach County,
Florida. Over the last twenty years Elroy has been employed by Koch, Oxbow and
the law firm of Irell & Manella to perform investigative services, including tape
recording witnesses without their knowledge or consent. At the direction of Koch
and Oxbow, Elroy was involved in planning and implementing the false
imprisonment of and infliction of emotional distress upon Martensen, including
Elroy and Koch directing Oxbow personnel to eliminate Martensen's and others’
ability to communicate outside of Koch's remote ranch by restricting Wi-Fi access
to two locations: (i) an office at the main ranch and (ii) the information technology
room located at the replica 19th century western town located on the ranch.
23.

On March 22, 2012, Martensen and other guests had breakfast at Bear

Ranch, which was followed by a business meeting. Koch then invited Martensen
and others to tour his private replica Western town nearby - a collection of
approximately 50 buildings designed to appear like an authentic late 19th century
Western town. This was followed by a helicopter tour of Bear Ranch and a lunch
hosted by Koch in one of the Western town meeting rooms.
24.

Following lunch, Koch told Martensen and others that they would be

interviewed by a compensation specialist as part of a 360 degree peer review.
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Martensen was then escorted to a small room and confronted by two agents of
Koch and Oxbow. The interview turned into an interrogation that lasted several
hours. Koch's and Oxbow's interrogators accused Martensen of participating in a
wide-ranging scheme to defraud Oxbow and Koch of hundreds of millions of
dollars, accepting bribes from competitors and diverting freight to a known
competitor. Koch's and Oxbow’s agents revealed that (1) Koch and Oxbow were
aware that Martensen previously had considered leaving Oxbow and forming a
company that would have competed with Oxbow; and (2) Koch and Oxbow
believed that Martensen had colluded with an Oxbow competitor - American
Frontier (Marine), Inc., a California corporation with its principal place of
business in Lafayette, California - which allegedly threatened to impact Oxbow's
profits.
25.

Following Martensen's interrogation by Koch's and Oxbow’s agents

for several hours at Koch's Western town, the agents escorted Martensen to a
Sports Utility Vehicle and directed him to sit in front. It now was approximately
5:00 p.m. on March 22, 2012. Just outside of the Western town, the driver of the
Sports Utility Vehicle stopped and lowered Martensen's window. Then, an agent
of Koch and Oxbow served Martensen with termination papers and a lawsuit
entitled Oxbow Carbon, LLC, et al. v. Kirby Martensen, et al. - filed earlier that
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day in the 15th Judicial Circuit Court, in Palm Beach County, Florida. Martensen’s
interrogation, subsequent termination and initiation of the Florida lawsuit by
defendants were designed to intimidate, bankrupt and silence Martensen.
26.

As the vehicle returned to the ranch area called Crystal Meadows,

Martensen asked where he was being taken. The driver of the vehicle told
Martensen that he would be taken to Aspen. Martensen then was driven to the
main guest house to collect his belongings. An agent of Koch and Oxbow
searched Martensen's suitcase and toiletries while Martensen collected his
belongings from his guest room. Agents of Koch and Oxbow then escorted
Martensen back to the Sports Utility Vehicle and drove him to a nearby cabin on
Bear Ranch. The driver then ordered Martensen to get out of the vehicle and
escorted him to a cabin. Martensen observed a marked police vehicle parked
nearby with a man in uniform behind the wheel. At the same time, the driver stated
to Martensen, "A sheriff is here to make sure you don't wander off." The police
vehicle clearly was visible from the window of the room in the cabin in which
Martensen was imprisoned. Elroy directed one of Koch’s agents to hire a local
law enforcement officer to be present at Bear Ranch on March 22, 2012, to create
the appearance that Martensen was in custody of law enforcement based on
Koch’s and Oxbow’s accusations of theft and fraud against Martensen.
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27.

After being confined for approximately three hours in the cabin,

agents of Koch and Oxbow told Martensen to collect his things and that he would
be taken to an airport. Agents of Koch and Oxbow directed Martensen to get back
in the Sports Utility Vehicle. Martensen sat in back of the Sports Utility Vehicle
with a former co-worker, Wenming "Charlie" Zhan (hereinafter "Zhan"), while
two agents of Koch and Oxbow sat up front. Martensen asked to be driven to the
Aspen airport because he had a scheduled flight from Aspen-Pitkin County
Airport on United Airlines Flight Number 5629 to San Francisco International
Airport the next morning (March 23, 2012). Martensen is informed and believes
and thereupon alleges that it is 69.3 miles from the location at Bear Ranch where
Koch's and Oxbow's agents were holding Martensen to the Aspen Airport, and that
it would take approximately one hour and 25 minutes to drive this distance. Koch's
and Oxbow's agents denied his request to be taken to the Aspen airport. Instead,
the agents told Martensen that he was being taken to Denver. Martensen
complained and stated that he wanted to go to Aspen. As a result of directions
from Koch and Oxbow, the agents continued to hold Martensen against his will
thereby kidnapping him and kept him captive in the vehicle during the trip to
Denver. Elroy directed Koch's and Oxbow's agents to drive Martensen to Denver
from Koch's ranch and refuse Martensen's request to go to Aspen; and Elroy
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installed and/or directed installation of hidden audio and video equipment: (i) in
the room where Martensen was interrogated at Koch's ranch, (ii) in the vehicle that
transported Martensen and Zhan to Denver from 9:00 p.m. March 22 until 2:00
a.m. March 23, 2012, and (iii) in the private airplane which transported Martensen
and Zhan from Denver, Colorado to Oakland, California between 2:00 a.m. to 4:00
a.m. March 23, 2012.
28.

Koch's and Oxbow's agents drove Martensen to a small private airport

in the Denver area. Koch and Oxbow directed and caused installation of hidden
recording equipment on the plane carrying Martensen to eavesdrop on
conversations anticipated between Martensen and Zhan, with whom Martensen
allegedly conspired according to Oxbow's frivolous Florida lawsuit against
Martensen -- despite Oxbow's knowledge that Zhan's payments to Martensen
caused no damage to Oxbow. Martensen is informed and believes and thereupon
alleges that it is approximately 228 miles from the location at Bear Ranch where
Koch's agents were holding Martensen to central Denver, and that it took
approximately five hours to drive this distance. Once at the private airport, Koch's
and Oxbow's agents escorted Martensen to a private plane owned and controlled
by Koch and Oxbow. It was now approximately 2:00 a.m. on March 23, 2012.
The agents then ordered Martensen and Zhan to get into the private plane. The
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private jet was manned by a pilot, co-pilot and an escort, all of whom were agents
of Koch and Oxbow. Martensen believed that the escort, a retired Florida police
officer, was armed with a weapon. The private plane eventually landed in
Oakland, California at approximately 4:00 a.m. Upon arrival, one of Koch's and
Oxbow's agents directed Martensen to get into a car that would take him to a
nearby Marriot Courtyard Hotel. Martensen refused the directive.
29.

All of the persons who acted to falsely confine and imprison

Martensen were acting and serving as Koch’s and Oxbow's agents. The period of
false imprisonment began on Koch's private property at Bear Ranch - over which
Koch exercises complete control. The persons who refused to take him to the
Aspen airport as he requested, but rather took him on an approximately five-hour
drive to Denver, were acting under Koch's and Oxbow's instructions. The flight
crew maintained the unbroken chain of custody and control over Martensen until
after the private plane landed in Oakland.
30.

During the fall of 2012, the Gunnison County District Attorney's

office launched an investigation regarding Martensen's allegations that local law
enforcement officers participated in his false imprisonment. The Colorado Bureau
of Investigations confirmed that Gunnison County Sheriff's deputies Deputy
Clarence Hart and Deputy Mike Smith were present at Bear Ranch on March 22,
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2012 and were acting as agents for Koch.
31.

Deputy Hart admitted to being at the Bear Ranch on the day in

question in uniform and with his patrol vehicle. Deputy Hart was hired to be at
the ranch and falsified his daily mileage log to conceal the fact that he had
engaged in unauthorized use of his patrol vehicle.
32.

Deputy Smith sometime in March 2012 asked Deputy Hart if he

would be interested in doing a "security job" at Bear Ranch. Deputy Smith had
been approached to do the job, but he was scheduled to be on duty that day.
Deputy Smith told Deputy Hart that Mr. Koch was going to fire some employees,
and he wanted a law enforcement presence "in case things got out of control".
Deputy Hart accepted the job. When he arrived at the ranch in his patrol vehicle, a
man he believed to be the ranch manager named Rob Gill told Deputy Hart he
would be paid $50.00 per hour. Deputy Hart was at the ranch for 10 hours that
day, from 10:00 a.m. to 8:00 p.m. He received a $500.00 check at the end of the
day. Deputy Hart was directed to park behind a cabin near the main office. Deputy
Hart observed two people being escorted to the cabin that day, and at the time he
thought they may have been terminated employees. There was a "whole security
detail from Florida" present on the ranch that day. Deputy Hart estimated eight to
nine men were on the security detail.
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33.

Robert Gill, who has been described as the Bear Ranch manager and

is an agent of Koch, told Deputy Smith that on the day the executives were going
to be fired, the phone service and Internet access at the ranch would be turned off
so "these guys couldn't uh , couldn't communicate outside until they were totally
done." On the day Deputy Hart performed the security job at the ranch, Deputy
Smith spent a lot of time patrolling in that area. Deputy Smith said Koch had his
own "kind of like secret service type" personnel on the ranch that day. Deputy
Smith described the men as "big beefy football player type guys".
34.

The most recent overt act in furtherance of defendants' conspiracy to

inflict emotional distress and intimidate Martensen in violation of 18 U.S.C. §
1512(b)(1) was committed on or about December 19, 2013: Oxbow filed a motion
in the Florida state court action to prevent Martensen from using documents
demonstrating United States income tax evasion and Internal Revenue Service tax
fraud committed by Koch and Oxbow beginning in 2010 and continuing to the
present. The documents at issue in defendants' motion for injunction were
provided to the IRS as attachments to the IRS Whistleblower Claim Form 211
filed with the IRS by Martensen in May, 2013.
DAMAGES
35.

As a result of the acts and omissions alleged herein Martensen has
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suffered, and continues to suffer, general damages including fear, anxiety,
humiliation and emotional distress in an amount above $75,000 to be determined
according to proof.
36.

The acts and/or omissions of defendants were willful, wanton,

reckless, malicious, oppressive and/or done with a conscious or reckless disregard
for the rights of Martensen. Martensen therefore prays for an award of punitive
and exemplary damages in an amount above $75,000 to be determined according
to proof.
FIRST CAUSE OF ACTION
(False Imprisonment)
37.

Plaintiff hereby re-alleges and incorporates by reference as though

fully set forth herein all prior paragraphs of this Complaint.
38.

Defendants, and each of them, (1) directly or indirectly restricted

Plaintiff's freedom of movement for an appreciable period of time without his
consent or other lawful privilege; (2) did so intentionally; and (3) Plaintiff was
aware that his freedom of movement had been restricted.
WHEREFORE, Plaintiff prays for relief as set forth herein.
SECOND CAUSE OF ACTION
(Civil Conspiracy)
39.

Plaintiff hereby re-alleges and incorporates by reference as though
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fully set forth herein all prior paragraphs of this Complaint.
40.

Defendants, and each of them, agreed, by words or conduct, to falsely

imprison Plaintiff; they did subject Plaintiff to false imprisonment; Plaintiff was
deprived of his freedom of movement and placed in fear; and Plaintiff's harm was
caused by the acts of Defendants.
WHEREFORE, Plaintiff prays for relief as set forth herein.
THIRD CAUSE OF ACTION
(Intentional Inflictions of Emotional Distress)
41.

Plaintiff hereby re-alleges and incorporates by reference as though
fully set forth

herein all prior paragraphs of this complaint.
42.

Defendants, and each of them, engaged in a course of conduct that
was outrageous

and so extreme as to exceed all bounds of that usually tolerated in a civilized
community.
43.

Defendants, and each of them, intended to cause Kirby Martensen

emotional distress and acted with reckless disregard of the probability that Kirby
Martensen would suffer emotional distress.
44.

As a result of the conduct alleged herein Kirby Martensen suffered

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severe emotional distress.
45.

Defendants' conduct was a substantial factor in causing severe

emotional
distress to Kirby Martensen.
WHEREFORE, Plaintiff prays for relief as set forth herein.
FOURTH CAUSE OF ACTION
(Defamation Against William Koch only)
46.

Plaintiff hereby re-alleges and incorporates by reference as though

fully set forth
herein all prior paragraphs of this complaint.
47.

Defendant William Koch was correctly quoted in the Denver

magazine 5280, published in February 2013, claiming that Kirby Martensen "had a
scam going against us that cost us $40 million." Koch further alleged that
Martensen had a history of losing his temper and gave this as a justification to hire
a local deputy for security purposes on Bear Ranch in March 2012.
48.

The statements were false and did not involve a matter of public

concern or pertain to a public official or public figure.
49.

The false statement regarding the $40 million scam is defamatory per

se because it imputes a matter incompatible with an individual's business, trade,

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profession or occupation.
50.

These false statements harmed the plaintiff's reputation and caused

actual damages to his profession and occupation. In addition, the wrongful
conduct caused shame, embarrassment and mortification to the plaintiff.
WHEREFORE, Plaintiff prays for relief as set forth herein.
JURY DEMAND
51.

Plaintiff hereby demands a jury trial.
PRAYER FOR RELIEF

Plaintiff prays for relief as follows:
1.

For compensatory damages above $75,000 according to proof;

2.

For punitive and exemplary damages above $75,000 according to

3.

For an award of attorneys' fees and costs as permitted by law; and

4.

For such other and further relief as the Court may deem necessary and

proof;

appropriate.
Dated: December 26, 2013

Respectfully submitted,
SCOTT LAW FIRM
By:

22

/s/ John Houston Scott
John Houston Scott (SBN 72578)
1388 Sutter Street, Suite 715

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San Francisco, CA 94109
Telephone: (415) 561-9601
Facsimile: (415) 561-9609
john@scottlawfirm.net
William A. Cohan
(SBN CA: 141804) (SBN CO: 7426)
WILLIAM A. COHAN, P.C.
P.O. Box 3448
Rancho Santa Fe, CA 92067
Telephone: (858) 832-1632
Facsimile: (858) 832-1845
bill@williamcohan.com
Brian Gearinger (SBN 14625)
GEARINGER LAW GROUP
825 Van Ness Avenue, 4th Floor
San Francisco, CA 94109
Telephone: (415) 440-3102
Facsimile: (415) 440-3103
brian@gearingerlaw.com
Attorneys for Plaintiff
KIRBY MARTENSEN

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