The funds were donated to Paul Kimmage to defend against an unjust lawsuit in Swiss Civil Court against him by the UCI/Pat McQuaid. We don't care about Aaron's alleged issues with Lesli Cohen. We didn't donate to pay any taxes or adjust their business dealings. Make the fund available to Paul Kimmage. It belongs to him. GIVE IT BACK!

UPDATE. Attorney Andrea Goldman has responded to this Petition as follows:

I understand your concern. As per Lesli Cohen’s lawyer, James Donnelly’s letter to Aaron Brown of June 10, 2013, “Any surplus funds that still remain after the proceeding against Mr. Kimmage has finally terminated, and after all qualified expenses have been paid, will be returned to donors on a prorated basis so that each donor receives a refund for a share of his or her donation that is proportional to the unused portion of the Defense Fund.”

Andrea Goldman
Attorney for Aaron Brown
agoldman@rosenlawoffice.com

UPDATE 2

I have sent the following message to both lawyers.

 I want 2 things:

1) For Paul Kimmage or a Trustee to control the funds so they may be used for his defense,

2) For an accounting of the funds from inception, ideally, to now.

The donors are fairly split on whether Paul may use the funds offensively. Aaron and Lesli know this. Aaron indicates Lesli wanted to use them offensively while he took the position they should be returned to the donors rather than be used in that way. That is an argument for another day, if it accurate, at all. 

Right now, it is important to identify where the funds are, divest them from the business dispute, segregate them from business assets and place them in a place where they are available to Paul Kimmage for his defense. If the funds have been invaded for reasons other than Paul's use for the defense of the UCI lawsuit, an accounting is nessessary so donors can understand the facts in order to take an informed decision concerning any "missing" part of the fund.

 

Bill Hue

 

UPDATE 3

Dear Mr. Hue, I would not want you to think me rude for failing to reply. I suggest that you send your email to Ms. Cohen. Unfortunately she is the person w= ho has filed suit and included the Kimmage funds as an issue to be addressed by the court. I am sure you understand that with a legal proceeding pending, I cannot comment on whatever actions will ultimately be taken.
I do consider your actions in continuing the vilification of Mr. Brown in the media a poor choice. The facts will ultimately come to light and I a= m sure Mr. Brown=92s name will be cleared at that point. By that time howe= ver, the damage to his reputation may be irreparable. I cannot comment any further. Sincerely, Andrea Andrea Goldman, Esq. Rosen Law Office. P.C. 204 Andover Street, Ste. 402 Andover, MA 01810 978-474-0100(office) 978-719-6373(fax) www.rosenlawoffice.com www.andreagoldmanlaw.com 93Massachusetts Builders Blog=94 www.buildingconfidence-llc.blogspot.com= "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com Follow me on Twitter: http://twitter.com/AndreaGoldman

You have not been rude to me. I understand the nature of litigation.   I am also sending emails and communication to Paul Kimmage, fellow donors and, as you suggest, Lesli Cohen and her attorney in an effort to release the funds from the business dissolution litigation, place them in the hands of a Trustee acting on behalf of the donors and, if they are not whole, seek to have an accounting of anything "missing" from them.   Mr. Brown is a target of my communication because he holds the Defense Funds. If that is not the case, I would certainly appreciate factual correction in that regard.   I have posted your communication expressing Aaron's position on the matter at the Petition site without any sort of editorial or correction because it was fair to do so as an UPDATE. I have commented on Twitter that I will not slant whatever representatives of either Lesli or Aaron send to me and that "the chips will fall where they may".   Just this morning, in response to Lesli's email to me expressing her position as to the propriety of use for the funds in the future and her frustration with Aaron's apparent misstatements thereon, I replied:   "I figured the whole "What do we do with the fund?" issue may have been presented in Aaron's best light.  That happens a lot in litigation and I appreciate any feeling of frustration you may have in being unable to fully respond to it, publicly. There are many donors, frankly, that feel Aaron has and is acting in their best interest.  At some point, resolution of the underlying facts in that regard may be useful and even necessary.    While I respect individual opinions of donors on that subject, I think all donors agree that the Defense Funds should not be "hung up" by the business dissolution dispute. Extraction of the Kimmage funds from the business dissolution, accounting for them and placing them in the hands of a neutral fiduciary Trustee is imperative, immediately, and resolution of what is to be done with the funds now or in the future can come later."   I do not believe my communication with you as Aaron's attorney directly or on Twitter or anywhere else is different, in tone, to what I have expressed to Lesli or her attorney or Paul Kimmage or to fellow donors.   I do not seek to vilify anyone or play any role, one side or the other, in the business dissolution issues. At the risk of continuing to sound like the broken record I probably am;   I would like to extract the Defense Funds from the business dissolution lawsuit. I do not see how they are "assets" of the business any more than funds you hold in your trust account for your clients are "assets" of your law firm. The Funds were and are held in Trust for donors and for the recipient. If you disagree please let me know. The character of the funds certainly have not been changed by Cohen including allegations about them in a lawsuit. If you disagree, please tell me how and why.   Once extracted, I would like the Defense Funds placed into the hands of a fiduciary understanding what the Fund actually is and who it actually is for as it should have been understood from the beginning or Paul kimmage directly.    If anything is "missing" from the Fund account, I want to know what happened to it. That is certainly reasonable.   I've often wondered, in the absence of a Court Order to the contrary, why lawyers always say they cannot comment on pending litigation issues as though it violates something if they do. Perhaps the MA code of professional conduct prohibits it. If so, someone should challenge it on First Amendment grounds. They will win. If not, as long as we both understand you are simply making a convenient CHOICE not to comment further, I'm comfortable with your choice.   Bill Hue  

URGENT UPDATE 6-28-2013

I am sending this letter to Aaron Brown, today:

Dear Mr. Brown:

 

I am a donor to the Paul Kimmage Defense Fund. As you know the donors to the fund are appalled that the Fund has become embroiled in the business dissolution matter between you and Ms. Cohen. It is imperative, from our perspective, to extract the Fund from that matter and place it into the hands of a neutral so that the funds may be used for the purpose the donors intended. 

I cannot fathom why that hasn't been done to this point. To that end, I am making this proposal as a donor to the Defense Fund:

 

1) The Defense Fund contributed to by the donors shall be immediately placed in a neutrally controlled escrow account. I further propose that the funds be placed in Mr. Kimmage's attorney's Trust Account. The amount deposited should be the difference between what was donated and what has actually been spent for Mr. Kimmage’s defense. I understand that donors contributed about $93,095.00 to the Defense Fund and that about $22,452.69 has been spent to defend Mr. Kimmage. The amount transferred to Mr. Kimmage’s attorney should be approximately $70,643.30. The donors will expect you to provide precise information on what was received and what was spent for Mr. Kimmage’s defense.

2) The transferred funds will be frozen for a period of 30 days so that you will have time to formulate an assertion that some part of the Fund should be used for a purpose other than for Paul Kimmage’s defense as contemplated by the donors. For example, any fair minded person with even rudimentary knowledge of US Tax Law understands that there are no U.S. or U.S. State tax ramifications to you or any of your business entities for holding the Funds, in Trust, for Mr. Kimmage’s benefit.  Ms. Cohen has obtained tax advice and agrees with this conclusion. Yet the assertion that some tax ramification exists has seemingly held up transfer of control of the Fund. If that assertion or any other is made in good faith, then we all can explore whatever it is that is asserted. Perhaps that assertion only affects a portion of the Funds, which can then be further frozen while we resolve the issue. If no portion of the fund is affected, then after 30 days, the fund shall be used by the new Trustee as contemplated. If some portion of the Fund is affected, then that portion shall remain frozen while the rest may be used for the purpose the donors' originally intended.

3) To resolve what has appeared to be a further sticking point apparently preventing release of the Funds, I propose that once the Funds have been used for the purpose intended by the donors, if there is any portion remaining thereafter, the Fund will be returned to individual donors pro rata.

Ms. Cohen has obtained advice from tax professionals and agrees that there are no bona fide tax issues that affect her interests. She and Mr. Kimmage have agreed to the terms that I propose.

Please respond immediately.

 

Very truly yours,

Bill Hue

CC: By Email

 

Lesli Cohen

Attorney James C. Donnelly

Attorney Andrea Goldman

Mr. Paul Kimmage

UPDATE JULY 8., 2013

This is NOT good news!!!! Aaron has, by implication, REJECTED the offer previously accepted by Lesli Cohen, her lawyer and Paul Kimmage. The email exchange, below, just took place this morning. If Ms Goldman responds, for some odd reason, then i will update later today.

Bill Hue

Ms. Goldman,

When may I expect an answer to my proposal regarding possession and disposition of the Kimmage Defense Fund? 

The donors would like to see this matter wrapped up within the week, if possible. 

Thank you.

Bill Hue

Donor Kimmage Defense Fund 

 

Dear Mr. Hue,   

As a judge, I am sure you are aware that I have no obligation to respond to emails from non-parties.  I do not intend to respond to any of the emails I have been receiving regarding this matter.   

Sincerely,   

Andrea 

 

Ms. Goldman,

You should know I worked very hard to negotiate the terms of my offer with Lesli's attorney and with Paul Kimmage. The donors already know that fact as whatever I do as it relates to this lawsuit and to the donors' interest is transparent by design.

I know that litigants, absent a Gag Order, are permitted to talk to whoever they choose to. It would seem, then, by your position, that Aaron doesn't choose to talk to Donors. He chooses instead to ignore them and to keep them in the dark about whether the Fund is intact and what his intentions are as it relates to our interests, unless we are parties to a lawsuit. That is sad but is apparently a commentary on litigation today and how people and their attorneys use them as a shield. The donors will be quite interested that Aaron has taken that position. I will let them know accordingly.

If the funds were intact and if he were taking care of them, Aaron should be willing to at least tell us that. As a responsible and decent human being, he owes us that. Ignoring us will not make us go away.

Bill Hue