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Affidavit Exhibits 1-50 in Motion To Dismiss in Dan Snyder v. Washington City Paper and Dave McKenna
Affidavit Exhibits 1-50 in Motion To Dismiss in Dan Snyder v. Washington City Paper and Dave McKenna
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undersLund Lhe unger peopIe IeeI Lowurd me when Lhe RedskIns huve u IosIng seuson or
when we sIgn u veLerun pIuver who does noL meeL expecLuLIons. huve been u RedskIns Iun
uII mv IIIe, und geL ungrv, Loo, IncIudIng uL mvseII. um Lhe IIrsL Lo udmIL LhuL `ve mude
mIsLukes us un owner. hope `ve Ieurned Irom Lhem. AII wunL Is Ior Lhe RedskIns Lo wIn!
BuL uIso hope LhuL peopIe undersLund whv someLImes, especIuIIv In Lhe uge oI Lhe nLerneL,
when un unreLrucLed IIe cun IIve Iorever, vou huve Lo druw Lhe IIne. honor vIgorous Iree
expressIon In Lhe medIu. BuL even u pubIIc IIgure cun sue Ior deIumuLIon when u LubIoId
puper pubIIshes u hurmIuI usserLIon oI u IucL, noL un opInIon, LhuL IL knows Lo be IuIse or
reckIessIv dIsregurds Lhe LruLh.
ThuL Is exucLIv whuL LhIs wrILer und CILv Puper dId. Among munv exumpIes In Lhe November
zo1o urLIcIe, Lhe mosL egregIous wus when Lhe urLIcIe sLuLed: ThIs Is Lhe sume Dun Snvder
who goL cuughL IorgIng numes us u LeIemurkeLer Ior Snvder CommunIcuLIons. ThuL Is u cIeur
IucLuuI usserLIon LhuL um guIILv oI Iorgerv, u serIous crIme LhuL goes dIrecLIv Lo Lhe heurL oI
mv repuLuLIon - us u busInessmun, murkeLer und enLrepreneur. L Is IuIse.
RemurkubIv, severuI weeks uILer IIIed Lhe IuwsuIL, Lhe pubIIsher wroLe In WushIngLon CILv
Puper LhuL she wus buIIIed LhuL unvone couId reud Lhe urLIcIe und beIIeve LhuL hud been
uccused oI personuIIv engugIng In Iorgerv. n IucL, she wroLe, we huve no reuson Lo beIIeve
he personuIIv dId unv such LhIng - und our sLorv never suvs he dId.
WeII, um buIIIed, Loo, sInce personuIIv engugIng In Iorgerv Is precIseIv whuL Lhe puper
expIIcILIv suId hud been cuughL doIng. I Lhe pubIIsher hus no reuson Lo beIIeve LhuL
Dun Snvder goL cuughL IorgIng numes, Lhen whv noL reLrucL Lhe words LhuL expIIcILIv suId
wus u Iorger und sImpIv upoIogIze?
eL`s be cIeur whuL LhIs IuwsuIL Is noL ubouL. L Is noL ubouL monev. huve uIreudv pubIIcIv
commILLed Lo donuLe unv IInuncIuI dumuges wIn Lo heIp Lhe homeIess. Nor dId or unv oI
mv represenLuLIves usk Ior Lhe LubIoId wrILer Lo be IIred, despILe pubIIshed reporLs Lo Lhe
conLrurv.
The Iurge Ior-proIIL corporuLIon LhuL owns WushIngLon CILv Puper couId huve checked Lhe
pubIIc IucLs und done Lhe rIghL LhIng: requIred ILs puper Lo reLrucL Lhe IuIse churges und
upoIogIze. Hud Lhev done so when IIIed Lhe IuwsuIL, wouId huve ImmedIuLeIv wILhdruwn
Lhe cuse. I CILv Puper In Lhe nexL severuI duvs reLrucLs Lhe IuIse sLuLemenLs cILed In mv
IuwsuIL und upoIogIzes, um sLIII wIIIIng Lo wILhdruw Lhe cuse.
SImpIv puL, LhIs IuwsuIL Is ubouL Lhe LruLh - und Lhe need Lo correcL Lhe record, even when
vou ure u pubIIc IIgure, when vour churucLer und InLegrILv ure IuIseIv und reckIessIv uLLucked.
ThIs Is Lhe cuse wheLher vou ure u pubIIc IIgure or u prIvuLe cILIzen. NoLhIng more und
noLhIng Iess.
Enough Is enough.
The wrILer Is owner oI Lhe WushIngLon RedskIns.
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Exhibit 18
washingtonpost.com > Opinions > Columns & Blogs FOLLOW THE POST ON:
THIS STORY: READ + | Comments
With his lawsuit against Washington City Paper, Daniel Snyder
continues to put the Redskins in a negative light
By Jason Reid
Washington Post Staff Writer
Wednesday, February 9, 2011; 12:00 AM
AIter Iour years oI Iocusing on the Washington
Redskins, I planned to explore other topics in this space
Ior a while. At least my "Iirst Iour" columns should go
in a diIIerent direction, Mike Wilbon strongly suggested,
and he knows a little something about the iob.
But aIter Redskins owner Daniel Snyder Iiled a libel
lawsuit against the Washington City Paper last week,
suddenly the Redskins seem like a good place to start.
The lawsuit, Iiled during Super Bowl week, typiIies the
kind oI selI-inIlicted public relations crises that have
characterized Snyder's 12-year tenure as owner. But
what's worse is that, in one step that has nothing to do
with Iootball, Snyder has undone whatever goodwill he
may have earned since hiring General Manager Bruce
Allen and Coach Mike Shanahan more than a year ago.
Most oI the Ians who buy tickets and ierseys and
concessions couldn't care less about the details oI libel
law. What should concern them is that the organization
continues to put itselI in a negative light through bad iudgment even aIter Snyder turned the
Iootball operations over to Shanahan last January.
Shanahan himselI created PR problems with his awkward handling oI
quarterback Donovan McNabb, whom he traded Ior in April only to bench by December. The
team's third consecutive last-place Iinish in the NFC East, albeit its Iirst under Shanahan, did
little to lessen the scrutiny.
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Then last week, on the advice oI his senior
vice president, Tony Wyllie, Snyder gave
Ians a new topic to vent about on sports-talk
radio and Internet message boards. The
Redskins still can't get it together on or oII
the Iield no matter whom Snyder brings in to
help him.
As a general PR rule, it's never a good idea to
bring widespread attention to something you
would preIer did not receive widespread
attention. The article in question, "The
Cranky Redskins Fan's Guide to Dan
Snyder," generated little buzz when it was
published in November in the alternative
weekly City Paper, which has a weekly
circulation oI less than 74,000. But thanks to a lawsuit Iiled during Super Bowl week,
Internet interest in the City Paper has increased so much that its server reportedly crashed last
week.
Snyder, Wyllie, and the team's chieI operating oIIicer Dave Donovan contend the City Paper
has repeatedly published Ialsehoods about Snyder, and the story in question was the Iinal
straw, prompting Wyllie to suggest Snyder should go to the mattresses.
"I hate to see Dan have to take legal action," Wyllie said. "But when people cross the line and
attack someone, and question their character . . . you have to stand Ior what's right."
Although the City Paper has a relatively small reach circulation-wise, Wyllie said, its content
carries weight because it spreads on the Internet. It's true that the story had some readership
back in November, but "one oI the things that you need to take into account when you're
making a decision to go aIter a newspaper, or any media entity, is how much impact do they
really have," said Blake Rhodes, a vice president with Xenophon Strategies, a District-based
communications Iirm specializing in, among other things, crisis communications.
"And the people you're looking at, are they out in the middle oI the Iorest screaming and no
one can hear them? Or are they in the middle oI downtown and everyone on every street
corner can hear them? They |the City Paper| are sort oI out in the middle oI the Iorest. And
you know what? He |Snyder| has handed them a megaphone so everyone can hear them
now."
The Redskins want it made clear the team is not suing the City Paper. Snyder is suing as an
individual, which, obviously, is his right. To be sure, there is a distinction.
As the owner oI the region's most popular sports Iranchise, however, Snyder's public persona
is linked, in large part, to the Redskins. For better or worse, Snyder is the Redskins and the
Redskins are Snyder. Such is liIe Ior a Iormerly hands-on owner oI the NFL's second-highest
valued Iranchise on the most recent Forbes magazine list. For the Redskins to suggest
otherwise is silly.
AIter the Redskins' chaotic 2009 season, Snyder aggressively pursued Wyllie to help improve
his image, and together, they had made modest progress over the past year. On Wyllie's
advice, Snyder granted more interviews than he had in recent years, and by distancing
himselI Irom the day-to-day Iootball operations, perceptions oI him remained largely
unaIIected by the McNabb and Albert Haynesworth controversies.
Even once the lawsuit became public, Snyder participated in many interviews with print,
television and radio outlets beIore the Super Bowl in Dallas, discussing a wide range oI
topics, including the suit. During those interviews, Snyder made the highly unusual move oI
revealing Wyllie was the Iorce behind the legal action.
Snyder rarely singles out individuals in response to reporters' questions, preIerring to reply in
umbrella terms like, "it was an organizational decision." In a phone interview Saturday,
Snyder again stressed Wyllie "Ielt very strongly about this . . . and I went with his advice. It
was a tough decision Ior me to agree and go along with this. He said, 'Look, you're going to
take a lot oI heat temporarily, but you've got to do what's right.' And I said, 'Okay.' I went
with my guy."
Wyllie is one oI the NFL's most accomplished PR oIIicials. He was the league's youngest
director when he ioined the Tennessee Oilers in 1998. Wyllie and his staII earned the Pete
Rozelle Award, presented annually by the Pro Football Writers oI America to the league's top
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PR staII, a total oI Iive times, including thrice with the Houston Texans. He also has the ear
oI other top league oIIicials.
But in this case, Wyllie has overreached, negating whatever gains he may have made as part
oI his plan Ior Snyder. Regardless oI whether the City Paper settles (it continues to stand
behind its reporting) or Snyder prevails in a court oI law, he already has lost in the court oI
public opinion.
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Redskins' Daniel Snyder refiles lawsuit
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Updated: April 26, 2011, 5:31 PM ET
40 retweet
Associated Press
HAGERSTOWN, Md. -- Washington Redskins owner Daniel Snyder refiled a defamation lawsuit against the
Washington City Paper on Tuesday, marking a change in strategy by the billionaire businessman.
Snyder initially filed the complaint in New York state court in February, naming the owner of the alternative
weekly newspaper, New York City-based Atalaya Capital Management, as a defendant.
The new complaint, filed in D.C Superior Court, drops Atalaya and adds columnist Dave McKenna, the author of a
biting Nov. 19 cover story, "The Cranky Redskins Fan's Guide to Dan Snyder," that prompted the lawsuit. The $1
Recommend
million lawsuit also names the Washington City Paper and its Tampa, Fla.-based publisher, Creative Loafing Inc.
Editor Michael Schaffer said Tuesday that the City Paper stands by McKenna and his article.
"We had a good, solid story and we will defend it vigorously," Schaffer said.
Snyder's new complaint tones down the previous version's rhetoric about anti-Semitism and McKenna's supposed
lack of respect for Snyder's wife to focus on three alleged falsehoods in the article. Chief among Snyder's revised
complaints is his dispute with a statement in the third paragraph that Snyder "got caught forging names as a
telemarketer with Snyder Communications," a marketing company Snyder owned.
The basis for the statement appears in the 67th paragraph: Snyder Communications was fined by Florida authorities
in 2001 for having its workers forge people's signatures to switch their long-distance service without permission to
GTE, a Verizon brand. Under a settlement announced by the Florida attorney general, Snyder and Verizon together
paid $2.5 million, and Verizon paid another $600,000.
Snyder's attorneys said in a conference call with reporters that the article libeled Snyder by stating that he
personally committed forgery.
"There is a difference between calling somebody a criminal personally and saying that he owned a company," said
Lanny Davis, a former special counsel to President Bill Clinton who said he has been friends with Snyder for 15
years.
Lead attorney Patty Glaser said City Paper Publisher Amy Austin acknowledged the falsehood in a Feb. 23 open
letter to readers. Regarding the forgery, Austin wrote, "In fact, we have no reason to believe he personally did any
such thing -- and our story never says he did."
Schaffer, the City Paper editor, said Tuesday that the story didn't say Snyder personally committed forgery.
[+] Enlarge
AP Photo/Paul SancyaDaniel
Snyder refiled a defamation
lawsuit against the
Washington City Paper on
Tuesday.
2011 NFL DRAFT
"I don't think that any reasonable person can imagine that the CEO of a multimillion-dollar or billion-dollar or
enormous public corporation is engaging in the frontline work of telemarketers," Schaffer said. "If you read the
entire story, it makes it very clear."
The article, accompanied by a photo of Snyder, with a devil's horns and mustache drawn onto it, provided an A-to-
Z guide of what the publication described as Snyder's "many failings."
Since Snyder bought the Redskins more than a decade ago, he has turned it into one of the NFL's most valuable
franchises but has also been a target of fans and sports columnists for the team's on-field struggles and free-agent
busts as well as his leadership style.
In a letter published by The Washington Post Tuesday, Snyder explained that he was refiling the suit because the
paper "refused to issue an apology and retract false and damaging attacks on my integrity."
"If it had done so, there would have been no lawsuit," said Snyder, who says he would donate any award to the
homeless.
Snyder also noted in the letter that his late father worked as a journalist, that he is "not thin-skinned about personal
criticism," and considers himself fortunate to be the team's owner.
"I understand the anger people feel toward me when the Redskins have a losing season or when we sign a veteran
player who does not meet expectations," Snyder wrote. "I have been a Redskins fan all my life, and I get angry, too,
including at myself. I am the first to admit that I've made mistakes as an owner. I hope I've learned from them. All I
want is for the Redskins to win!"
Copyright 2011 by The Associated Press
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Redskins owner Daniel Snyder moves
defamation lawsuit to D.C.
View Photo Gallery Since purchasing the Washington Redskins in 1999, Dan Snyder has
provoked heated emotions in the team's fans.
Text Size Print E-mail Reprints
By Paul Farhi, Published: April 26
Washington Redskins owner Daniel Snyder moved his defamation lawsuit against
Washington City Paper from New York to a District court Tuesday, and added the author of
the sharply critical article at the heart of the suit as a defendant.
Snyder is seeking $1 million in damages, plus unspecified punitive damages against the
weekly newspaper and its immediate owner, Creative Loafing Inc. of Florida. The suit,
originally filed in February, stems from City Papers publication of a November article, The
Cranky Redskins Fans Guide to Dan Snyder, by Dave McKenna.
In refiling the suit in the District, Snyder
dropped Atalaya Capital Management, the
hedge fund that owns Creative Loafing and
City Paper, as a defendant, and added
McKenna.
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Snyders lead lawyer, Patty Glaser, said at a
morning news conference that the suit was
originally filed in New York because Atalaya
is headquartered there. However, she said,
Were satisfied that [Atalaya] had nothing
to do with the defamatory comments in the
article. A District court would also have
jurisdiction over McKenna.
In addition to changing venues, Snyder and
his legal team appear to be emphasizing
different elements of their case against the
publication.
In his original legal complaint and
subsequent interviews, Snyder expressed
outrage over a photo illustration that ran
with the story depicting him as a devil-like
character an image he said was anti-
Semitic. He also alleged that the story
demeaned his wife, Tanyas, efforts to raise
awareness of breast cancer as a
spokeswoman for the NFL. Tanya Snyder is
a breast-cancer survivor.
But in an op-ed column in Tuesdays
Washington Post, the Redskins owner made
no mention of his wife or the illustration.
Instead, he objected to the articles
characterization of him as a dishonest businessman who, among other things, got caught
forging names as a telemarketer when he ran Snyder Communications, the company he
sold before taking over the Redskins.
Snyder wrote in The Post that such an assertion goes directly to the heart of my reputation
as a businessman, marketer and entrepreneur. It is false.
Snyder Communications was among a group of companies that paid $3.1 million to the state
of Florida to settle allegations that it switched long-distance phone accounts without
customers knowledge in 2001, according to a news release issued by the Florida attorney
generals office at the time. The companies admitted no wrongdoing.
Snyders rewritten legal complaint, too, plays down the anti-Semitic allegations and stresses
that he was held up to false, malicious and defamatory statements as a businessman. In his
old complaint, for example, anti-Semitism is mentioned in the first paragraph. In the new
one, it does not appear until the ninth paragraph.
Glaser called the telemarketing allegation reckless during a teleconference with reporters.
She also rebutted other claims in the City Paper article that Snyder was kicked off the
board of Six Flags Inc. and that he cut down trees on National Park Service land adjacent to
his home in Potomac without permission but she did not raise the cartoon or Tanya
Snyder.
Video
Redskins owner Dan Snyder discusses the impetus for
his lawsuit against City Paper's parent company, Atalaya
Capital Management, seeking $2 million in general
damages plus unspecified punitive damages and court
costs, alleging the City Paper and writer Dave McKenna
have libeled and defamed him.
Continued 1 2 Next Page
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Redskins owner Daniel Snyder moves
defamation lawsuit to D.C.
View Photo Gallery Since purchasing the Washington Redskins in 1999, Dan Snyder has
provoked heated emotions in the team's fans.
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The lawsuit, she said, is not about money. Its about press responsibility. She jested that
Snyders chances of winning the suit in Washington depended on how the Redskins do this
year.
As a legal matter, Snyder may be on somewhat firmer ground demonstrating that McKenna
and City Paper made reckless statements that damaged Snyders business reputation, said
Jane Kirtley, a professor of media ethics and law at the University of Minnesota. The
Supreme Court, in a 1988 case in which the late Rev. Jerry Falwell sued Hustler magazine
over an offensive ad parody, has held that publications arent liable for damages when a
public figure is subject to ridicule or lampooning. Someone must have told [Snyder], Youre
never going to win arguing that you were insulted, so lets re-purpose the case, Kirtley
said.
The shift in strategy follows the addition of
Lanny Davis, a veteran Washington lawyer
and longtime friend of the owner, to
Snyders legal team.
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Daniel Snyder, you're an amoral, incompetent piece of shid. Get the hell out of D.C. and sell the
Redskins to someone who cares about the team and the fans more than dollar signs.
jax75420
4/27/2011 4:36:06 AM EDT
Recommended by 13 readers
Davis was most visible as former president
Bill Clintons defender during Clintons
impeachment trials and has more recently
advised controversial clients here and
abroad. Davis said he began offering advice
to Snyder after the lawsuit was filed, but that
Glaser, the lead lawyer, is handling the
actual litigation.
McKenna, who writes for The Washington
Post on a freelance basis, declined to
comment.
Michael Schaffer, City Papers editor, said,
We thought the lawsuit was frivolous when
it was first filed in New York. We still think
its frivolous now in D.C. We stand by our
story and intend to vigorously defend
ourselves.
As for the forgery allegation, Schaffer said a
reasonable reader would regard the claim
as hyperbole, which is also protected speech.
I dont think anyone rationally believes the
CEO of a multibillion-dollar company is
doing the work of front-line workers, but to
say that that CEO has no responsibility for
what his company does is a very dangerous
standard for journalism, Schaffer said.
City Paper is being represented by Floyd Abrams, the prominent First Amendment lawyer
and constitutional scholar.
Snyder has said he will withdraw his suit if City Paper issues an apology and a retraction of
the allegedly false statements. City Paper has declined to do either.
D.C. Superior Court has set a scheduling hearing for July 29.
Video
Redskins owner Dan Snyder discusses the impetus for
his lawsuit against City Paper's parent company, Atalaya
Capital Management, seeking $2 million in general
damages plus unspecified punitive damages and court
costs, alleging the City Paper and writer Dave McKenna
have libeled and defamed him.
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Redskins defend decision to sue City Paper
Posted by Mike Florio on February 15, 2011, 7:04 AM EDT
Over the weekend, we questioned whether filing a lawsuit against the Washington City Paper meshes with the
current effort of Redskins owner Daniel Snyder, with the assistance of new P.R. specialist Tony Wyllie, to alter
Snyders image and reputation in the D.C. market. Our point was that Snyders availability to and interaction with
the media during Super Bowl week helps the effort far more than loading up the legal cannon for a fight against a
publication with relatively small readership, especially in light of the national attention the suit has generated.
Wyllie has provided a response on behalf of the Redskins and Snyder.
The lawsuit was a last resort, filed only after much soul searching and looking for any other way to put a stop to
unconscionable personal attacks from a writer who, as far as we know, has never been to a Redskins game, has not
even been in the stadium, and has never met Daniel Snyder, Wyllie told PFT via e-mail. Most importantly, and
an important journalistic point, [Dave] McKenna and [the City Paper] did not call the Redskins for a response or a
fact check before publication of the November article. We saw it for the first time on the day of publication.
6/15/2011
You accurately quote Dans interview with PFT Live as to the reasons for the suit: I understand what heat I take.
But you cant call me a criminal. . . . All they had to do was apologize and run a correction and apology, and they
wouldnt do that.
Obviously, our goal was not to financially cripple a hedge fund with hundreds of millions of dollars under
management. As you say, The real goal could be to put other publications on notice that Snyder will no longer
remain silent when he is criticized with untrue facts serving as the ammo. Add to that abusive personal attacks and
you have a pretty good explanation of the reasoning behind the suit.
I would hope that you as a professional journalist, and in fact I would hope that any true journalist, would join us
in saying there are some lines that should not be crossed.
Finally, I have to challenge your statement that filing a lawsuit allows his critics to paint him as ruthless, short-
sighted, vindictive and/or mean. One might suggest that all those adjectives apply far better to the City Paper
columnist who has written more than 50 columns about Dan in the last eight months.
Which brings me back to your headline, Wrong way to alter Snyders image. True, but thats not the purpose.
But when other means have failed, its a plea for honesty and fairness. I hope you will support those goals.
We definitely support those goals. The media should strive to be honest and fair at all times. And while public
figures have a tougher time establishing defamation due to the requirement of actual malice, that standard can be
met with proof that the publisher of the statements knew the information was false or that the publisher acted with
reckless disregard to the truth or falsity of the statements. The easiest way to prove the absence of a reckless
disregard for the truth is to provide the subject of the piece an opportunity to respond. If, as Wyllie contends, the
City Paper did not contact the Redskins before publishing an apparent opinion piece premised on a slew of negative
facts regarding Snyder, the City Paper could have a big problem if any of those negative facts is not accurate.
All that said, theres a difference between right and reputation. If the Redskins and Snyder believe that false
statements were made about the owner with actual malice, its right to stand up and take action. Even if the
goal isnt, as Wyllie concedes, to use the lawsuit to alter Snyders reputation, the lawsuit against the City Paper will
make Wyllies broader task even tougher.
Permalink 43 Comments Latest Stories in: Rumor Mill, Top Stories, Washington Redskins
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43 Responses to Redskins defend decision to sue City Paper
1. Canyonero says: Feb 15, 2011 7:15 AM
No, Snyder, you cant cry anti-Semitism and then cram it back in the bottle.
Of course, this comment will probably get posted then arbitrarily deleted, by the crack PFT screening crew,
like half my posts..
Anyway, Snyder is trying to improve his image by justifying a lawsuit that sullied his image? Laughable.
2. chapnastier says: Feb 15, 2011 7:23 AM
The article seemed to do a good job using facts. I mean there were a few sarcastic points in it but for the most
12
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6/15/2011
Exhibit 25
Opinion
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Work on Capitol Hill? Enjoy free access.
Cohen: Protect Free Speech by Combating
SLAPPs
By Rep. Steve Cohen
Special to Roll Call
May 23, 2011, Midnight
Washington Redskins fans no doubt have been enjoying the ongoing
legal battle between team owner Dan Snyder and the Washington
City Paper, which published a disparaging column about Snyder and
his ownership of the Redskins. But Snyders lawsuit against the
newspaper highlights a much more serious issue the need for
federal legislation to protect the First Amendment rights of all
Americans against strategic lawsuits against public participation, or
SLAPPs.
The City Papers column was admittedly harsh but well within the
bounds of free speech, especially about a public figure. Snyder was
understandably angry, but instead of fighting speech with more
speech, he chose to use the courts for his personal revenge.
Whatever you may think of Snyder and the Redskins, the courts are
not the appropriate forum for resolving these sorts of grudges.
Snyders own attorney seemed to acknowledge the true intention of
his lawsuit in a letter to the hedge fund that owns the newspaper, the
original object of his suit. He wrote: Mr. Snyder has more than
sufficient means to protect his reputation and defend himself and his wife against your papers
concerted attempt at character assassination. We presume defending such litigation would not be a
rational strategy for an investment firm such as yours. Indeed, the cost of litigation would presumably
quickly outstrip the value of the Washington City Paper.
This is exactly what SLAPPs are all about. They are used to silence and harass critics by forcing
them to spend countless time and resources defending against them. SLAPPs use the courts as a
weapon to stifle participation in government and chill expression about matters of public interest.
Media organizations are not the only targets of SLAPPs. Countless private citizens have found
themselves hauled into court just for speaking out. For example, a college student in Kalamazoo,
Mich., was sued for starting a Facebook page to complain about a local towing company. A San
Francisco woman was sued for giving her dentist a bad review on Yelp. In North Carolina, a concrete
company sued an association of local residents opposed to construction of a plant in their
community.
Any one of us could find ourselves bogged down in years of discovery, racking up huge legal fees
and living in fear just for speaking our minds. Over half the states have passed legislation to combat
SLAPPs in some form, but a federal solution is needed because these laws vary in their strength and
breadth. Moreover, federal claims in federal court are not subject to state anti-SLAPP laws. Our First
Amendment rights must be protected, regardless of where we live.
Thats why I am drafting bipartisan legislation to provide uniform federal protection against SLAPPs
so that every American will be afforded protection against meritless claims that seek only to harass
and bankrupt them. This bill does not shut the courthouse door to those with valid claims. It merely
provides an expedited process for filtering out suits designed to intimidate and harass citizens
exercising their First Amendment rights.
The PETITION Act, or the Protecting the Expression and Transmission of Ideas and Thoughts In Our
Nation Act, would provide procedural protections to filter groundless cases before the costs and
burden of litigation cause defendants to waive their First Amendment rights by correcting or
silencing themselves as part of a settlement; allow a SLAPP defendant to bring a special motion for
early dismissal and to stay most discovery proceedings pending disposal of the motion; and enable a
defendant who prevails on the special motion to recover fees and costs.
It is interesting to note that even though Snyder, the Redskins and the City Paper are all based in the
Washington region, Snyder originally chose to file his lawsuit in New York. This is probably because
D.C. recently passed strong anti-SLAPP legislation while New York has notoriously weak protections.
Thats why we need uniform federal protection.
Free speech and the right to petition the government are enshrined in the First Amendment and are
vital to a healthy democracy. The twists and turns of the Snyder case can be fun to watch for a
lifelong sports fan like me. But SLAPPs are no laughing matter.
Rep. Steve Cohen is a Democrat who represents Tennessees 9th district.
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Exhibit 26
Exhibit 27
Exhibit 28
FILED: NEW YORK COUNTY CLERK - PENDING
INDEX NO. UNASSIGNED
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/02/2011
Exhibit 29
Exhibit 30
Exhibit 31
Exhibit 32
Exhibit 33
Exhibit 34
Exhibit 35
Snyder Enters Three Year Contract, Estimated at $200
Million with GTE To Provide Specific Marketing
Services
STAMFORD, Conn. and BETHESDA, Md., Dec. 17 /PRNewswire/ -- Snyder Communications, Inc.
(NYSE: SNC) has entered a three year contract targeting $200 million in revenue with
GTE Communications Corporation (NYSE: GTE) that calls for Snyder to provide specific turn-key,
outsourced marketing services.
Snyder Communications has provided outsourced marketing services to leading telecommunications
companies since 1990. Under this new contract, Snyder Communications will use its proprietary
database of more than 20 million multi-cultural and other households to assist GTE Communications
Corporation, a unit of GTE Corporation in marketing of bundled telecommunications services.
Daniel M. Snyder, Chief Executive Officer of Snyder, said, "We are very pleased and proud to
welcome GTE Communications Corporation into the growing Snyder Communications family of
Fortune 500 clients. This agreement represents a tremendous opportunity for Snyder
Communications that clearly recognizes the value-added nature of our integrated marketing
capabilities. Under this agreement we will build on the tremendous successes we have had using our
field sales and database marketing capabilities to help a growing number of leading consumer
products and services companies increase their market share in market segments, including the
growing, yet hard-to-reach, multi-cultural community.
"Our operating strategy is to provide clients with value-added services which deliver increased
market share in a highly competitive marketplace. This new relationship with GTE Communications
Corporation is a testament to our growing reputation among the Fortune 500 for delivering
customers," Mr. Snyder said.
Clarence F. "Butch" Bercher, President, GTE Communications Corporation, said, "GTE is a leading
provider of telecommunications services. This new relationship with Snyder Communications will
help us aggressively increase our market share in the consumer market. We are all extremely
enthusiastic about the results that will come from bringing Snyder Communications onto our team."
With revenues of more than $21 billion in 1996, GTE Corporation is one of the largest publicly held
telecommunications companies in the world. In the United States, GTE Communications Corporation
offers local and wireless service in 29 states and long-distance service in all 50 states. GTE
Communications Corporation was the first among its peers to offer "one-stop shopping" for local,
long distance and Internet access services.
Outside the United States, where GTE Corporation has operated for more than 40 years, the
company serves approximately 7 million customers. GTE Corporation is also a leader in government
and defense communications systems and equipment, directories and telecommunications-based
information services, and aircraft-passenger telecommunications.
Date: Dec 17, 1997
Words: 588
Publication: PR Newswire
Snyder Communications, Inc. is a leading provider of fully integrated outsourced marketing solutions
primarily for Fortune 500 size companies. Snyder identifies high-value consumer segments; designs
and implements marketing programs to reach them; initiates and closes sales on behalf of its clients;
and provides customer care and retention services. Snyder's resources include proprietary
databases of targeted consumers and small businesses; database management services; medical
detailing; proprietary product sampling programs and publications; marketing program consultants;
field sales representatives; WallBoard(R) information displays; and direct mail and fulfillment
capabilities. Snyder has over 6,800 employees and representatives in offices throughout the United
States, the United Kingdom, Hungary and South Africa.
SOURCE Snyder Communications, Inc.
-0- 12/17/97
/CONTACT: George Lieb, Vice President Investor Relations, investors, 203-965-2462, or Briana
Gowing, media, 972-718-4015, or pager, 800-941-0929, both of GTE Corporation; or Clay Perfall,
Chief Financial Officer of Snyder Communications, investors, 301-571-6270; or Jeffrey Luth, Vice
President, media, or Kathryn Corbett, media, both of Dewe Rogerson, 212-688-6840, for Snyder
Communications/
(SNC GTE)
CO: Snyder Communications, Inc.; GTE Communications Corporation ST: Connecticut, Maryland IN:
FIN TLS SU: CON
SR-ES -- NYW038 -- 2305 12/17/97 06:58 EST http://www.prnewswire.com
COPYRIGHT 1997 PR Newswire Association LLC
Copyright 1997 Gale, Cengage Learning. All rights reserved.
Exhibit 36
Exhibit 37
Attorney General Bob Butterworth News Release
April 25, 2001
Media Contact: Jennifer Krell Davis
Phone: (850) 245-0150
Companies To Pay $3.1 Million To Settle Slamming Allegations
TALLAHASSEE -- A telecommunications company and its former marketing agent will pay $3.1
million to settle allegations that they switched consumers to the company's long-distance
telephone services without permission, Attorney General Bob Butterworth announced today.
Verizon Select Services Inc., formerly known as GTE Communications Corp., Verizon Florida Inc.,
and Snyder Communications Inc., including Snyder Direct Services Inc. and Snyder
Communications LP, agreed to the payments without admitting any wrongdoing.
The attorney general alleged that unauthorized long-distance provider switching, known
commonly as "slamming," had been carried out by Snyder Communications on behalf of
GTE/Verizon, as well as by the telecommunications company's own sales personnel.
"In the case of Snyder Communications, our investigation revealed thousands of instances in
which the marketing agent's representatives forged customers' signatures to switch them to GTE
long-distance," Butterworth said. "We also found that GTE's own personnel forged signatures
and used deceptive tactics to get consumers to unwittingly switch to GTE long-distance. Those
tactics included telling customers that in order to obtain GTE services such as caller ID and call
waiting they were also required to buy the company's long-distance services."
The allegations were settled through two separate agreements, one calling for Verizon and
Snyder to collectively pay $2.5 million for actions attributable to Snyder representatives and
another calling for Verizon to pay $600,000 for actions attributable to its own sales personnel.
Under the collective Snyder/Verizon agreement, up to $500,000 of the $2.5 million may be applied
to any payments required to resolve an action still pending before the Florida Public Service
Commission.
Both agreements also address consumer complaints that have been satisfied through credits,
rate adjustments, long-distance provider changes and other remedies. The agreements provide
that Verizon will institute a compliance program and training for its employees in Florida. Under
the Snyder/Verizon agreement, Snyder Direct Services, the division of Snyder Communications
which marketed GTEs long-distance in Florida, will shut down and forever cease all operations in
Florida. Snyder Communications has in turn agreed to suspend all in-person solicitations of long-
distance customers for 10 years.
The investigation and agreements were handed by Assistant Attorney General Mark Fistos and
Financial Investigator Jerry Lockwood.
Exhibit 38
Exhibit 39
Exhibit 40
Exhibit 41
Exhibit 42
St. Augustine Record 2011. All Rights Reserved.
Home
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Verizon fined $3.1 million for telephone
slamming
Published Friday, April 27, 2001
TALLAHASSEE, Fla. (AP) -- Verizon and its former marketing agency, at the time owned by Washington Redskins owner Daniel Snyder, were fined $3.1 million for illegally switching
Florida customers' long distance telephone service without authorization.
The state Attorney General's Office said representatives of Bethesda, Md.-based Snyder Communications forged thousands of customer signatures to switch them to service provided
by GTE, which is now Verizon.
Investigators also found GTE employees forged signatures and ''used deceptive tactics'' to get customers to switch
service.
GTE hired Snyder Communications to market its long distance service in 1998.
The state has received more than 3,000 complaints of ''slamming'' involving Snyder Communications and Verizon, officials
said. The majority of the customers lived in South Florida.
''Slamming'' is the act of unlawfully switching someone's local or long distance telephone service without their consent.
Under the agreement announced Wednesday, Snyder and Verizon must pay $2.5 million to a state trust fund for
investigations and consumer education. Verizon also must pay an additional $600,000.
Snyder, now owned by Paris-based Havas Advertising, told state officials that previous managers are no longer with the
company, including Daniel Snyder.
Verizon has a ''zero tolerance policy'' against slamming, said spokeswoman Briana Gowing.
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Exhibit 43
Weather | Sports | Forums | Comics | Classifieds | Calendar | Movies
Verizon, marketer settle charges
But who will pay most of the $3.1-million ''slamming'' settlement with the Florida attorney general is at
issue.
By SCOTT BARANCIK
St. Petersburg Times, published April 26, 2001
But who will pay most of the $3.1-million "slamming" settlement with the Florida attorney general is at issue.
Verizon Communications and a former subcontractor agreed to pay $3.1-million Wednesday to settle "slamming" allegations
made by Florida's attorney general.
Now, the two companies may fight over who pays the bill.
Under the agreement, Verizon will pay $600,000 to settle charges that its predecessor, GTE, switched consumers to GTE's
long-distance telephone plan without their permission.
In addition, Verizon and Snyder Communications Inc. agreed to pay $2.5-million to resolve allegations that Snyder, a company
hired by GTE to target African-American and Hispanic consumers, had "slammed" thousands more, in many cases by forging
signatures. All $3.1-million is slated to go to the attorney general's legal affairs revolving trust fund.
Verizon spokesman Bob Elek said that while a handful of "overzealous" employees at GTE's Phonemart had in fact slammed
consumers in 1998, most of the slamming that took place was carried out by Snyder's employees and was in fact reported to
regulators by GTE.
As a result, Elek said, Verizon will pay the $600,000 but will refuse to contribute toward the $2.5-million it believes is
Snyder's responsibility. Snyder representatives could not be reached for comment.
"That's something that has to be worked out between our company and Snyder," Elek said.
That's not all that remains unresolved.
In another case stemming from the same slamming dispute, the Florida Public Service Commission accepted a $209,000 offer
from Verizon in July to cover complaints by GTE customers. Later, however, the Florida Office of Public Counsel, which
serves as a consumer advocate for utilities' customers, appealed the settlement, calling the amount insufficient.
That case has not been settled. But Wednesday's agreement with the attorney general would allow Verizon and Snyder to
subtract up to $500,000 from their $2.5-million payment and use it to pay off a future settlement with the Public Service
Commission.
Regardless of who pays how much, Snyder, a Bethesda, Md., subsidiary of France's Havas Advertising, won't be operating in
Florida again any time soon.
Under its agreement with the attorney general's office, the company's long-distance marketing subsidiaries can never again do
business in Florida. And Snyder itself must cease soliciting customers directly for 10 years.
- Scott Barancik can be reached at [email protected] or (727) 893-8751.
Copyright, St. Petersburg Times. All rights reserved.
Exhibit 44
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By ROBERT TRIGAUX
St. Petersburg Times, published April
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A helicopter test crew of four was killed
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settled a long and murky criminal and
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In the arcane world of assembling complex military
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Kaydon Corp. made a ball-bearing assembly
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Stallion helicopters. A flaw in that assembly was
pinpointed by military and law enforcement
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For years, Kaydon vigorously denied any wrongdoing
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crash of the Marines' most powerful helicopter --
Sikorsky's worst accident in its 75-year history -- and
the resulting inquiry was chronicled in the St.
Petersburg Times in 1999.
Under the terms of this month's plea agreement,
Kaydon still denies responsibility for the crash.
Kaydon admits its employees faked tests on the same
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Draw your own conclusions.
At the FBI and the Pentagon's Defense Criminal
Investigative Service, frustrated investigators said
Kaydon offered little assistance.
"There was a total lack of candor and cooperation,"
Dennis Clarke, a consulting engineer who assisted
criminal investigators in the case, told the Hartford
Courant.
This month's deal protects Kaydon employees from
prosecution. But the company will pay $7.5-million in
criminal fines and civil damages arising from the crash
investigation.
Killed in the fiery morning copter crash were pilot
Yong Ho Lee, 39; pilot David Kish, 39; electronics
flight systems technician Thomas Payne, 52; and crew
chief Leonard Kuderna Jr., 47.
Following Kaydon's guilty pleas this month, U.S.
District Senior Judge Peter C. Dorsey immediately
fined the company $1-million, a sum the company
agreed to pay in addition to a $6.5-million civil
settlement. The company also paid settlements earlier
to Sikorsky and the families of the four dead crew
members, though the terms are confidential.
Kaydon left Clearwater in 1999 and relocated to Ann
Arbor, Mich. In its 2000 annual report, the company
says it spent or reserved $21.7-million for "the
Sikorsky matter" and an unrelated lawsuit. Kaydon
CEO Brian P. Campbell says without pleadings the
case could have dragged on for years.
On the Yahoo message board dedicated to Kaydon,
the company's pleadings did not go unnoticed.
"Shame on you Kaydon," wrote "cynthia7889" this
month. "Pleading guilty in federal court to FAKING
QUALITY-CONTROL TESTS. We wondered if they
have done this before?"
The helicopter, the Marines' most powerful craft, had
been scheduled for delivery to the White House fleet.
"Can you imagine if the helicopter made it to the
White House??" posed "drsloaner433" -- another
message board contributor this month. "My god, what
was Kaydon thinking."
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Short takes
STRIKE 2? What is it about Florida and its Major
League Baseball teams? After reports of a revolt
against general partner Vince Naimoli by his fellow
team owners, USA Today reported online Thursday
that the Tampa Bay Devil Rays are for sale. And
Major League Baseball commissioner "Bud" Selig --
my, what a slick lobbyist -- is threatening to move or
kill the Florida Marlins franchise in South Florida if
state legislators don't cough up enough money to help
build a new stadium. No baseball team has moved for
30 years. All this, and the baseball season's less than a
month old. . . .
WHO'S SLAMMING WHOM? The state Attorney
General's office tweaked Verizon and its former
marketing agent called Snyder Communications with a
record total fine of $3.1-million over thousands of
cases of "slamming" -- switching long-distance service
without a customer's permission. And just who is
Snyder? When the slamming occurred, the company
was run by Daniel Snyder -- who leveraged his
corporate wealth to buy the Washington Redskins
football team. . . .
WHY DIDN'T FLORIDA BANKERS SAY THAT?
Bank of America chief Hugh McColl formally retired
Wednesday with a parting comment that should hit a
nerve in Florida -- where banks based in other states
control the state market. "Let's be honest," he told the
Charlotte Observer about the proposed merger of
North Carolina's First Union and Wachovia banking
companies: "We would not like to see one of our
banks taken over by an out-of-state operation." . . .
WHEN BURGERS FAIL: Sure, he used to be CEO of
Checkers Drive-In Restaurants. But can he run a real
burger joint? Albert J. DiMarco and three partners
borrowed $15-million in 1999 to open 41 Checkers &
Rally's fast-food outlets across the Midwest. The
foursome found itself overwhelmed by the $200,000
monthly payments. In January, DiMarco closed his
burger empire and filed for bankruptcy. . . .
WHO'S SHRINKING FASTER? Clearwater tech
company IMRglobal said Thursday its quarterly
earnings of $675,000 was less than half that of a year
ago. Canadian company CGI Inc., which is buying
IMRglobal, this week said its quarterly earnings fell
35 percent from a year ago to $15.2-million.
- Robert Trigaux can be reached at [email protected] or
Exhibit 45
4/26/01 Palm Beach Post 1D
2001 WLNR 1616244
Palm Beach Post (FL)
Copyright (c) 2001, The Palm Beach Post
April 26, 2001
Section: BUSINESS
VERIZON, MARKETER SLAMMED WITH FINE
Deborah Circelli Palm Beach Post Staff Writer
The state Attorney General's Office on Wednesday imposed a record total fine of $3.1 million against Verizon
and its former marketing agent over thousands of cases of switching long-distance service without a customer's
permission.
The agency found that representatives of Snyder Communications, which at the time was owned by Washing-
ton Redskins owner Daniel Snyder and based in Bethesda, Md., forged thousands of customer signatures to
switch them to long-distance service from GTE, which is now Verizon, state officials said. GTE hired Snyder
Communications to market its long-distance service in 1998.
Investigators also found that from 1997 to 1999, GTE's own personnel "forged signatures and used deceptive
tactics" to get customers to switch.
The majority of the customers whose service was switched - a practice known as "slamming" - were in Palm
Beach, Broward and Miami-Dade counties.
"We want to make it very clear that this is not acceptable behavior in the state of Florida and there will be
harsh consequences if this happens," said Assistant Attorney General Mark Fistos. "Just because it is called
slamming does not mean it's a lesser offense.
"Taking someone's money under false pretenses and forgery are serious violations in this state," he said.
The Office of Public Counsel, which is conducting its own investigation along with the Public Service Com-
mission, said the state has received more than 3,000 slamming complaints involving Snyder and Verizon.
The agreement announced Wednesday by the Attorney General's Office calls for Snyder and Verizon to pay
4/26/01 PALMBCHPST 1D Page 1
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
$2.5 million to a state trust fund for investigations and consumer education. Verizon also must pay an additional
$600,000.
Under the agreement, Snyder Director Services, a Snyder division that had an office in West Palm Beach, is
barred from future operations in Florida. Also, Snyder Communications is prohibited from conducting any in-
person solicitations, such as at malls and shopping centers, for 10 years.
The company's eight Florida offices already have been shut down.
Verizon spokeswoman Briana Gowing said the telecommunications company has a "zero tolerance policy" for
slamming. Snyder, which is now owned by Paris-based Havas Advertising, assured the Attorney General's Of-
fice in the agreement that previous managers, including Daniel Snyder, are no longer involved in the company.
The Attorney General's Office is in the process of investigating three other slamming cases, but declined to re-
veal further details.
The PSC is investigating slamming complaints against six companies: Qwest Communications Corp.; OLS
Inc.; WebNet Communications; ATN, which does business as Amtel Network; Talk.com Holding Corp., which
does business as Network Services and The Phone Company; and The Other Phone Company, an affiliate of The
Phone Company, which also does business as Access One Communications.
[email protected]
---- INDEX REFERENCES ---
COMPANY: VERIZON COMMUNICATIONS; QWEST COMMUNICATIONS INTERNATIONAL INC
NEWS SUBJECT: (Judicial (1JU36); Legal (1LE33); Major Corporations (1MA93))
INDUSTRY: (Telecom Carriers & Operators (1TE56); Long-Distance Services (1LO42); Telecom (1TE27);
Telecom Services (1TE09); Manufacturing (1MA74))
REGION: (USA (1US73); Americas (1AM92); Florida (1FL79); North America (1NO39))
Language: EN
OTHER INDEXING: (GTE; HAVAS; INC; MARKETER; OFFICE OF PUBLIC COUNSEL; PSC; PUBLIC
SERVICE COMMISSION; QWEST COMMUNICATIONS CORP; SNYDER COMMUNICATIONS;
SNYDER DIRECTOR SERVICES; VERIZON; WEBNET COMMUNICATIONS; ATN) (Assistant Attorney;
Briana Gowing; Daniel Snyder; Mark Fistos; Snyder) (FL ATTORNEY RECORD; FINE US BUSINESS TELE-
PHONE FRAUD)
EDITION: FINAL
4/26/01 PALMBCHPST 1D Page 2
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
Word Count: 587
4/26/01 PALMBCHPST 1D
END OF DOCUMENT
4/26/01 PALMBCHPST 1D Page 3
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
Exhibit 46
4/26/01 Tampa Trib. (Fla.) 1
2001 WLNR 654638
Tampa Tribune (FL)
Copyright 2001 Tampa Tribune.
April 26, 2001
Section: BUSINESS & FINANCE
VERIZON SETTLES SLAMMING INQUIRY
CHERIE JACOBS
TAMPA - Investigators say Verizon employees forged signatures and lied to customers to woo them to their
long-distance service.
Verizon Florida and its former marketing company on Wednesday paid $3.1 million to settle allegations they
illegally switched customers' long-distance carriers.
Employees of Verizon Florida Inc. - then called GTE - forged signatures and lied to customers to get them to
switch to GTE's long-distance service in 1998, the Florida Attorney General's Office said.
The fine is among the largest in the United States for the practice called "slamming." MCI WorldCom paid a
$3.5 million fine in June to the Federal Communications Commission.
Neither Verizon nor Snyder Communications, its former marketing firm, admitted guilt.
Verizon cooperated with the three-year investigation, and Snyder can never operate in Florida again, said As-
sistant Attorney General Mark Fistos.
"When you lie to people and attempt to take their money, we're going to take that very seriously," Fistos said.
Snyder Communications, then based in Bethesda, Md., had a contract with GTE to target customers by phone
and in person to choose GTE's long-distance service in 1998. Instead, Snyder forged signatures and switched
customers to GTE's long-distance service without their permission, Fistos said.
Verizon severed its ties to Snyder in late 1998.
4/26/01 TAMPATRIB 1 Page 1
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
At the same time, several GTE employees in the company's Phone Marts lied to customers to get them to
switch to GTE long-distance, Fistos said.
"They were a little overzealous in their sales practices," said Verizon spokeswoman Briana Gowing. They no
longer work for the phone company, she said. The settlement is in two parts. The first, for $2.5 million, was
paid jointly by Verizon and Snyder. The second, for the Phone Mart workers, was $600,000 paid solely by Veri-
zon.
The money goes to support consumer education programs and attorney general investigations.
The Snyder case is similar to one pending before the Florida Public Service Commission, though it involves
different laws, said Charlie Beck, deputy public counsel.
The PSC wanted to fine Verizon $209,000 for 209 slamming complaints because of Snyder. The public coun-
sel protested the fine. The matter is set for a hearing June 1 before three of the five members of the PSC.
Since the slamming complaints, Verizon has a no-slamming tolerance policy and has revamped its training,
Gowing said.
GTE, the dominant local phone company in the Tampa Bay area, became Verizon last year when Bell Atlantic
bought it.
---- INDEX REFERENCES ---
COMPANY: BELL ATLANTIC CORP; VERIZON COMMUNICATIONS INC; MCI WORLDCOM INC; VE-
RIZON FLORIDA INC; FEDERAL COMMUNICATIONS COMMISSION
NEWS SUBJECT: (Business Lawsuits & Settlements (1BU19); Major Corporations (1MA93))
INDUSTRY: (Long-Distance Services (1LO42); Telecom (1TE27); Telecom Services (1TE09); Manufacturing
(1MA74))
REGION: (USA (1US73); Americas (1AM92); Florida (1FL79); North America (1NO39))
Language: EN
OTHER INDEXING: (BELL ATLANTIC; FEDERAL COMMUNICATIONS COMMISSION; FLORIDA PUB-
LIC SERVICE COMMISSION; GTE; MCI WORLDCOM; PSC; SNYDER; SNYDER COMMUNICATIONS;
VERIZON; VERIZON FLORIDA INC) (Briana Gowing; Charlie Beck; Fistos; Gowing; Mark Fistos)
EDITION: Final
Word Count: 510
4/26/01 TAMPATRIB 1
4/26/01 TAMPATRIB 1 Page 2
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
END OF DOCUMENT
4/26/01 TAMPATRIB 1 Page 3
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
Exhibit 47
4/27/01 Comm. Daily (Pg. Unavail. Online)
2001 WLNR 5646902
Communications Daily
(c) WARREN PUBLISHING INC. All Rts. Reserv.
April 27, 2001
Verizon and Fla. Attorney General's Office reached agreement
Verizon and Fla. Attorney General's Office reached agreement
to settle interexchange slamming charges from 1998 against former
GTE Fla. and certain GTE sales agents that Verizon inherited when
it acquired GTE. Under settlement, Verizon will pay $3.1 million
penalty, require 3rd party verification of all interexchange
provider changes and reinforce its antislamming policies with both
in-house salespeople and any sales agents it hires. AG also
permanently revoked Fla. business license of former GTE sales
agent involved in many of slamming incidents, Snyder
Communications, and prohibited Snyder from ever marketing anything
to Fla. residents. Verizon said it cooperated fully with
investigation. It said problems "were cleared up more than 2
years ago" and said company stopped using Snyder in Nov. 1998.
---- INDEX REFERENCES ---
COMPANY: VERIZON COMMUNICATIONS
NEWS SUBJECT: (Judicial (1JU36); Legal (1LE33); Major Corporations (1MA93))
INDUSTRY: (Telecom Carriers & Operators (1TE56); Telecom (1TE27); Manufacturing (1MA74))
Language: EN
OTHER INDEXING: (AG; GTE; VERIZON) (Attorney; Snyder; Snyder Communications)
Word Count: 162
4/27/01 COMMD (No Page)
END OF DOCUMENT
4/27/01 COMMD (No Page) Page 1
2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
Exhibit 48
Exhibit 49
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Slamming fine for Verizon approved
State regulators say the $209,000 penalty
is sufficient, but the agreement's critics
vow to seek harsher action.
By MICHAEL BRAGA
St. Petersburg Times, published July 12, 2000
The Florida Public Service Commission accepted a
$209,000 offer Tuesday from Verizon Communications
to cover customer complaints that its predecessor, GTE,
illegally changed their long-distance telephone service
without permission.
But critics say the phone company and its marketing
company, Snyder Communications Inc., are getting off
too easily for the practice known as "slamming," and
they vow to appeal the Public Service Commission's
decision.
"This is just a tentative decision, and we will contest it,"
says Charlie Beck, deputy public counsel for the Florida
Office of Public Counsel, which represents the interests
of Florida consumers. "We believe GTE knew what was
going on a long time before they did anything about it."
The matter was originally referred to the Public Service
Commission after 209 people said GTE had switched
their long-distance service without authorization
between December 1997 and September 1999.
But GTE, which has since merged with Bell Atlantic to
form Verizon, denied its employees had perpetrated any
illegal act. Instead, the company blamed Snyder
Communications, a publicly traded, Maryland-based
company. Calls to Snyder's headquarters in Bethesda
were not returned.
To resolve the matter, GTE already has paid a total of
$20,000 to the consumers who filed the complaints.
From the wire
[an error
occurred while
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directive]
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Now, Verizon must pay $209,000 -- $1,000 per
complaint -- to the Florida's General Revenue Fund.
The Public Service Commission staff said that first-time
slamming offenders have paid anywhere from $800 to
$2,127 per violation over the past two years, and that
$1,000 per violation was reasonable in GTE's case.
Beck, however, says the penalty should be higher
because Snyder Communications "was involved in the
forgery of customer signatures. And GTE was aware
that the forgeries were going on for a long time before
they stopped using Snyder as its direct marketing
company."
Since 1997, the state attorney general's office has been
investigating Snyder Communications on allegations of
forgery, theft and schemes to defraud
telecommunication customers. As part of its settlement,
Verizon promised that it would not allow Snyder
Communications to interact with its customers in the
future. But Verizon has not broken all ties with the
company.
"We still have a contract with Snyder," says Verizon
spokeswoman Briana Gowing. "We use them for some
back office work. But they do not do any face-to-face
marketing for us."
For its part, Snyder Communications continues to
advertise on its Snyder.com Web site that GTE
Communications is one of its principal customers.
Says Gowing: "We told them to take that off."
PSC commissioner Clark to resign this
month
TALLAHASSEE -- Utility regulator Susan Clark said
Tuesday she will resign from Florida's Public Service
Commission at the end of the month to practice law.
Clark, who makes $117,000 a year as a member of the
regulatory panel, said she was ready for a change. She
said she planned to pursue a career in private practice.
Clark was appointed to the PSC in 1991, then was
reappointed twice. Her current four-year term would
have run until 2003. Gov. Jeb Bush was to appoint
Clark's successor from a list of candidates that a
nominating commission will prepare.
Exhibit 50