UPDATE – CONVICTED SEX OFFENDER ANDRE WILSON SYNOPSIS: HE WAS WARNED
“Analysis of a truly frivolous lawsuit” Revisited July 2017.
Convicted sex Offender Andre Wilson Tried To Hide His Crimes, LAWYERS TO BE HELD LIABLE SAYS JUDGE.
UPDATE – ANDRE WILSON SYNOPSIS: HE WAS WARNED
“Analysis of a truly frivolous lawsuit” Revisited July 2017.
In June of 2016 a piece was authored and posted online concerning a “truly frivolous lawsuit” filed by Convicted Sex Offender Andre Wilson of Las Vegas, Nevada. The lawsuit alleged Defamation and False Light in relation to the disclosure that Andre Wilson had been convicted of two (2) counts of Criminal Sexual Conduct in New Jersey; felony convictions of sex crimes requiring the registration with the New Jersey Sex Offender Registry and also after moving, the Nevada Sex Offender Registry. The basis of the lawsuit filed in Nevada District Court was that the online dissemination of this information was false, did NOT occur, and thus constituted Defamation and False Light to the good name and reputation of Andre Wilson. The fundamental problem with the lawsuit is the information in question is FACTUALLY ACCURATE which completely undermines any legal tort claim of Defamation and False Light. That Andre Wilson and his legal counsel would willfully lie about the facts of the criminal history in attempt to use the judicial system as a hammer to circumvent, restrict and/or punish the First Amendment right to freedom of speech was an egregious example of what is known as a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit.
THE FACTS ASSOCIATED TO THE ILL-CONCEIVED LEGAL STRATEGY
It is an unfortunate reality that we live in an extremely litigious society – anyone can sue anyone. However, there are basic rules that require the person bringing a lawsuit before a court does so in good faith and that legal counsel performed fundamental due diligence that establishes the veracity of the claims being asserted against a defendant(s). In the case of the Nevada lawsuit, the FACTS and TRUTHFULNESS of the claims were knowingly false and fabricated concoctions by Andre Wilson and his legal counsel to use the judicial system as a conduit to intimidate and force the defendant(s) to acquiesce the right to protections provided by the First Amendment of the U.S. Constitution – freedom of speech. Another unfortunate reality, defending oneself in court against such unjustified and fabricated falsehoods is VERY stressful, time consuming and expensive. The legal strategy in such cases is to force a catch-22 decision upon the defendant(s) to choose paying tens of thousands of dollars in attorney fees or just agree to a “settlement” to make the lawsuit go away. This is exactly the strategy deployed by Andre Wilson and his legal counsel. The irrefutable FACTS associated to the case are the following:
- Andre A. Wilson was CONVICTED December 11, 1986 of Two (2) Counts of Criminal Sexual Conduct by the Essex County Superior Court in New Jersey.
- Andre Wilson was required to register with and was posted on the Nevada Sex Offender Registry and the Las Vegas Metro Police Department Sex Offender Registry until October, 2012.
- Andre A. Wilson was listed as a registered sex offender with the U.S. Department of Justice on The Dru Sjodin National Sex Offender Public Website (NSOPW) until October, 2012.
- The lawsuit attempted to claim that since Andre Wilson petitioned and received an EXPUNGEMENT from the New Jersey courts for his sex crimes conviction in October, 2012, the posting of the FACTS of that conviction is now “technically” a FALSE STATEMENT.
- The legal counsel for Andre Wilson provided the legal documentation themselves as “proof” of all the variables of the factual criminal history.
- Based on the legal strategy that the New Jersey EXPUNGEMENT allowed Andre Wilson to file court filings stating he had NOT been convicted of a sex crime even when under penalty of perjury. Andre Wilson filed such claims with the Nevada District Court numerous times.
- Based on the legal strategy that the New Jersey EXPUNGEMENT allowed Andre Wilson to testify under oath before the Nevada District Court on the witness stand stating FALSELY he had NOT been convicted of a sex crime even when under penalty of perjury. Andre Wilson made such sworn testimony before the Court in December of 2016.
The problem with this legal strategy, an EXPUNGEMENT does not magically erase the reality of or the fact that a crime was committed; or that the individual was charged and convicted of the crime. The Andre Wilson lawsuit attempted to extend the “legal” purpose and the provisions of an Expungement to restrict the actions of what others may or may not do. It cannot somehow eliminate all knowledge of the FACTS and the TRUTH, nor erase any and all reference to an event [criminal conviction] that did occur. Most importantly, it does NOT serve as some legal hammer to be used against any person who has knowledge of the TRUTH and/or their First Amendment Rights of Freedom of Speech to express such knowledge. Yet, that is exactly what the Andre Wilson lawsuit tried to enforce upon the defendant(s).
ANTI-SLAPP LEGAL DEFENSE
Luckily for the Defendant(s), Andre Wilson resides in Las Vegas and thus filed the lawsuit with the Nevada District Court. Unluckily for Andre Wilson and his legal counsel, Nevada is an Anti-SLAPP state. Which means the Nevada legislature recognized the danger of allowing SLAPP lawsuits that attack the fundamental constitutional rights of the citizenry in regard to the First Amendment and passed legislation instituting statutes to protect individuals from lawsuits like the one filed by Andre Wilson. Recognizing the nefarious nature of such assaults against individuals utilizing the judicial system has a hammer, the penalties afforded to a successful Anti-SLAPP defense are severe as Andre Wilson would “learn the hard way.”
An amazing aspect to this sordid tale of malicious prosecution and abuse of process is Andre Wilson through his legal counsel was emphatically warned by the Defendant(s) attorney the lawsuit filed in Nevada clearly fell under the auspices of SLAPP litigation at its inception. This was a very important detail that seemed to be completely out of the range of legal knowledge of Andre Wilson’s attorneys. Instead of researching this development to the case, whether out of hubris or ignorance, they choose to double down on their attacks and demanded an immediate $75,000 “settlement” price and removal of the FACTUAL information concerning Andre Wilson being a convicted sex offender.
Andre Wilson would have been better served if his legal counsel had done their jobs and engaged in a little due diligence on the Nevada Anti-SLAPP statutes and accompanying case law. If they had explored this path they would have quickly learned of the severe penalties associated with LOSING a Special Motion to Dismiss (Anti-SLAPP) which comes with MANDATORY costs and attorney fees, a potential $10,000 sanction and the right to pursue additional litigation seeking punitive damages. The Andre Wilson team choose to mock and trivialize the legal consequences in the belief the Defendant(s) would acquiesces under the prospect of the financial and personal pressure brought about due to the weight of fighting the lawsuit. They miscalculated to their own personal peril.
A RESOUNDING ANDRE WILSON DEFEAT WITH SIGNIFICANT CONSEQUENCES
The Anti-SLAPP defense was immediately recognized by the Court as a very viable legal argument. In response the legal counsel for Andre Wilson began to resort to every possible dirty trick and tactic to obfuscate the legal issues before the Court. It became ridiculous the degree to which the Andre Wilson team knowingly and repeatedly lied and changed their “story” in an attempt to derail the inevitable defeat if the case was judged on its legal and factual basis. Such conduct was so egregious it crossed the line to become FRAUD which would be recognized by the Court. Just a few of the multitude of examples are the following:
- Would claim the documents proving the sex crime convictions were “possibly forged” by Defendants. There was irrefutable evidence of an email sent by Andre Wilson’s legal counsel that THEY provided the documents.
- Andre Wilson gave sworn testimony before the Court that he “NEVER” was convicted of the sex crimes. The documentation was overwhelming, including an affidavit from his case manager working for the Nevada Sex Offender Registry.
- When it was proven the documentation provided by the Andre Wilson legal counsel – themselves – they switched their argument to they were provided as part of a “settlement negotiation” and thus not admissible. There was NO negotiation, they were received via email.
- Losing the legal argument with the Court, they tried to misdirect the litigation with an absurd legal argument that the lies and documentation was an issue of attorney client privilege with a filing to the Nevada Appellant Court. The filing was rejected in short order with a 3-0 decision.
- The last ditch attempt to circumvent the fair legal process was a nonsensical 215 page Writ of Mandamus filing with the Nevada Supreme Court on January 10, 2017. The legal basis arguments were so ludicrous the Nevada Supreme Court ruled in almost record time on January 30, 2017 after only 20 days of the filing with a decisive and final death nail ruling dismissing the Writ of Mandamus with a 6-0 decision.
On February 8, 2017, Judge Hardy of the Nevada District Court, Clark County, Nevada ruled granting the Defendant(s) Special Motion to Dismiss (Anti-SLAPP). The Court’s Order would be signed on May 12, 2017 acknowledging in the thirty-one (31) page Order in great detail the obvious lies, misrepresentations, fraud, abuse of process, perjury, irrefutable facts contradicting the allegations of claims, Andre Wilson testimony not credible and overall deceptive basis of the lawsuit put before the Court.
The Andre Wilson team LOST the case in spectacular fashion. It was a “team” loss due to the negligence and fraudulence of the overall legal strategy employed by the Andre Wilson team which has been deemed the legal liability for the judgments to include the attorneys – PERSONALLY. What is the damage realized by these numbskulls for this colossal blunder?:
- $70,000 in MANDATORY legal and attorney fees. Prevailing party is entitled to a mandatory award of costs and reasonable attorney fees under the Anti-SLAPP statutes.
- $?,000,000 punitive damages to be determined by Jury in counter-claim lawsuit for Malicious Prosecution, Abuse of Process, Intentional Infliction of Emotional Distress and Defamation Per Se.
The Judge also found the conduct of Wilson and his legal counsel to have been so egregious to warrant sanctions (NRCP 11, NRS 18.010(2)(b)) justifying the award of the attorney fees exceeding $70,000. It is important to note such a determination by a Nevada Court is rare and must meet a high standard to merit a determination of “special damages.” The Judge ordered a mandatory “settlement conference” to be attended by all parties before an additional hearing would be conducted by the Court to specifically address the PERSONAL liability of the attorneys for Wilson. It cannot be overstated how unusual such a determination by the presiding Judge is in a civil litigation. As repeatedly stressed in reporting this case, there was nothing “usual” about the outrageous attempt to utilize the judicial system as a hammer to intimidate and force the defendant(s) to acquiesce. The premise being speak the truth about Wilson and you will be sued into submission. This did not work out so well as a legal strategy.
The separate cause of action for prevailing on an Anti-SLAPP motion is akin to a claim for malicious prosecution and unique to Nevada. The update to Nevada’s Anti-SLAPP laws in 2015 kept this cause of action so that plaintiff(s) (Wilson and his attorneys) who filed the SLAPP suit not only have their suit dismissed, but may be sued as well to recover punitive damages. In this case it not a matter of “may” as it will occur. As a result, defendants who file successful Anti-SLAPP motions recover attorneys’ fees and cost in dismissing the action against them, but they may also pursue the censorious plaintiff (Wilson) and his attorneys with their own claim that expressly authorizes a wide range of costly damages that can be awarded by a Judge or jury in to be determined amount ($1M??). The best aspect of pursuing this unique litigation option is the legal and factual basis of the underlying allegations have already been well established by the original litigation and validated by the Court. The victory has already been determined; the issue remaining is qualifying the amount of punitive damages realized and to be awarded as an additional judgment against Wilson and his attorneys.
IRONIC COLATTERAL DAMAGE: THE INTERNET’S “STREISAND EFFECT”
As stated in the June 2016 posting, Andre Wilson operated on a legal theory strategy that “If you speak the TRUTH about me… I will sue you.” Well, how did that work out for you Andre Wilson? However, the outcome of such an ill conceived fraudulent legal strategy is NOT limited to the legal consequences of spending twenty thousand to his attorneys (he claimed – unverified), a Nevada Court Judgment of hundred thousand dollars plus for Defendant(s) attorney fees, ten thousand dollar sanction Judgment and the continuance of this matter in a countersuit for the appropriate punitive damages associated with his and legal counsel’s fraudulence. The counter suit is no small consequence as the outcome of an already determined legal argument; the job of a jury will be to determine the AMOUNT of punitive damages realized which could be an ADDITIONAL hundreds of thousands of dollars. ALSO, Andre Wilson becomes the infamous recipient of Internet phenomena known as the “Streisand Effect.”
The Streisand effect is the phenomenon whereby an attempt to hide, remove, or censor a piece of information has the unintended consequences of publicizing the information more widely, usually facilitated by the Internet. This concept is based on an infamous lawsuit filed by Barbara Streisand in 2003 to restrict a photo of her residence being disseminated online. The irony was the photo did not specifically identify the house depicted as being the residence of Streisand, merely one of thousands found on an online property that highlighted the California coastline with the specific photo in question having been viewed SIX TIMES in total. After filing the lawsuit, within days the photo was viewed in excess of 400,000 times. Years later with the infamy associated with the lawsuit, it has been viewed millions of times. Andre Wilson has become all too familiar with this particular Internet phenomenon due to his lawsuit bringing a plethora of attention and additional information uncovered concerning his circumstances that otherwise would have remained obscured:
- The online profile depicting the FACTUALLY accurate criminal history of sex crimes committed by Andre Wilson has been viewed on the Internet in the hundreds of thousands of page views to date.
- The lawsuit exposed Andre Wilson as a person with a disposition and propensity to commit an obvious fraud and/or perjury (lie) under sworn court filings and testimony.
- It would be discovered that Andre Wilson was arrested and charged in Las Vegas, Nevada for a violation of his sex offender registration requirements to properly report his current residential address.
- It would be disclosed by Andre Wilson that his sex offender conviction was an issue in maintaining his “security clearance” in working in the IT Department of Westgate Las Vegas Resort & Casino. Clearly he has not disclosed the FACTS of his felony convictions to his employer which unwittingly has allowed access to sensitive information inappropriately, if not illegally.
- Where ever Andre Wilson may be employed in the future, he will be dealing with garnishment notices for the maximum legally allowed withholding deductions for MANY years to come.
- The claims of Andre Wilson were shared with the FBI and communications were submitted into the official court record by Andre Wilson’s legal team which may represent a new felony in violation of 18 U.S.C. § 1001 in making false or fraudulent statements to law enforcement.
- The perjurious testimony of Andre Wilson on the witness stand before the Court would be exposed with the sworn affidavit of the case worker for the Nevada Sex Offender Registry who oversaw his file for many years, indisputably debunking the claim he had “never been convicted of a sex crime.”
- The criminal history of Andre Wilson was NOT limited to his convictions in New Jersey. The court records associated with criminal charges filed in Florida would be obtained and documented for the public record. PRIOR to the New Jersey conviction Andre Wilson was charged with sexual assault and false imprisonment of a female co-ed on a Florida campus. He would agree to a plea deal that consisted of five (5) years probation and required his immediate departure from Florida to his home residence in New Jersey. HE HAD PRIORS making him a serial sex offender.
- The law firm representing Andre Wilson in this fiasco of a lawsuit, Dan Winder Law of Las Vegas, Nevada, employed a “law clerk” Phil Singer in their offices and directly involved his participation in this case. The scandalous fact would be discovered that Mr. Singer is a DISBARRED attorney prohibited by the Nevada Supreme Court from not only practicing law, but working in any capacity in the law community without the permission and strict supervision of the Nevada State Bar. It was confirmed directly with the State Bar of Nevada the Dan Winder Law firm and Mr. Singer were willfully in violation of the dictates of the DISBARMENT ORDER of the Nevada Supreme Court when acting as a “law clerk” for the law firm practicing in the State of Nevada.
Due to the fraudulent lawsuit filed by Andre Wilson and his legal counsel, all the above mentioned information is now public records made available into the public domain. It is now the genie out of the bottle that can never be returned. Andre Wilson has absolutely no one to blame but HIMSELF. He has created for himself hundreds of thousands of dollars of legal liabilities, additional litigation, exponentially more Internet coverage, exposure of additional criminal misconduct, employment issues with maintaining required “security clearance” and disclosure of personal character issues that previously may have been unknown to both personal and business acquaintances. It is hard to imagine a more devastating outcome for a LAWSUIT FILED BY Andre Wilson believing such a strategy would render his factual criminal history forever disappearing from the public’s purview. There is losing and then, like this case, there is being CRUSHED. Wow - Ouch!
CONCLUSION: YOU REAP WHAT YOU SOW
The old adage speaks for itself and certainly applies to the shenanigans of Andre Wilson and his legal counsel in attempting to perpetrate such an egregious malicious prosecution and abuse of process of the judicial system. It does NOT always happen as the judicial process is complex, stressful, time consuming and EXPENSIVE; sometimes the TRUTH does prevail and justice is served. Do NOT feel sorry for Andre Wilson. He knowingly filed a frivolous lawsuit attempting to punish someone for speaking and providing the TRUTH, demanding removal forever of the factual criminal history of Andre Wilson sex crime convictions. Further, they brazenly demanded $75,000 in payment for their efforts along with some form of admission of wrongdoing by the INNOCENT Defendant(s). Such behavior is reprehensible and Andre Wilson and his attorneys deserve the consequences of their actions. In regard to Wilson – AGAIN.
The conviction record for Andre Wilson remains and always will under the law.
ATTORNEYS FOR DAN WINDER LAW FIRM MAY BE HELD LIABLE SAYS NEVADA JUDGE.
Update: Judge orders a settlement conference on OCT 25th 2017 IN ORDER TO GIVE THE ATTORNEYS A FINAL CHANCE TO SETTLE THE MATTER PRIOR TO A HEARING TO DETERMINE THE DAN WINDER LAW FIRMS LIABILITY.