McHenry County State’s Attorney Lou Bianchi Sues “John Doe,” aka, “Fukoku Kyohei,” for Defamation & False Light

Lou Bianchi and Bill Prim

Lou Bianchi and Bill Prim

McHenry County State’s Attorney Lou Bianchi has filed suit in Federal Court against “John Doe” for defamation and false light.

Bianchi seeks to learn the identity of frequent McHenry County Blog commenter “Fukoku Kyohei.”

“Fukoku” has been a prolific commenter, usually spurring “Duncan McHenry” to post a rebuttal comment. They aggressively play off one another.

From December 24, 2013 through January 6, 2014, “Fukoku” did not comment.

On January 8th, a motion was granted for leave to conduct limited, expedited discovery and for preservation of electronic evidence.

An order to that effect was issued after Bianchi’s attorney Charles Lee Mudd, Jr., filed an affidavit stating both Bianchi and he had “conducted an investigation into the Defendant’s conduct and identity,” which “did not produce any substantial evidence that affirmatively identified the Defendant by his or her legal name.”

Mudd states the information necessary for identification “most likely exists in electronic records that may be destroyed if not expeditiously obtained and preserved.” The reason for such destruction could just be sheer volume.

The order allows Bianchi’s attorneys “to proceed with limited, expedited discovery by issuing subpoenas pursuant to Federal Rule of Civil Procedure 45 to third parties likely to have information tending to identify the Defendant for purposes of seeking information from such third parties likely to identify the Defendant.”

According to court documents, McHenry County Blog will receive instructions not to destroy any of the comments.

The suit follows:

Banchi v. John Doe headingNOW COMES the Plaintiff LOUIS BIANCHI (“Plaintiff”), by and through his attorneys, Mudd Law Offices, and complains of the Defendant JOHN DOE FN 1 (“Defendant”), upon personal information as to his own activities, and upon information and belief as to the activities of others and all other matters, stating as follows:

= = = = =
FN 1 The Plaintiff cannot be certain of the gender of the Defendant, but for the purposes of simplicity will refer to the Defendant using the pronouns “he” or “him” and the pronominal adjective “his”.
= = = = =

NATURE OF ACTION

1. This is an action for violation of the Computer Fraud and Abuse Act, defamation per se, and false light, all arising from the Defendant’s intentional efforts to cause the Plaintiff harm by defaming him online and casting him in a false light before the public.

2. By this action, the Plaintiff seeks compensatory damages, punitive damages, and all other relief to which he may be entitled as a matter of law.

PARTIES

3. The Plaintiff is a citizen of the State of Illinois and a resident of McHenry County,

4. Upon information and belief, the Defendant is a citizen of Japan.

5. This Court has jurisdiction over the Plaintiff’s claims based upon the diversity of citizenship between the Plaintiff and Defendant (collectively, the “Parties”) pursuant to 28 U.S.C. § 1332.

6. Specifically, the Plaintiff is a citizen of Illinois.

7. Upon information and belief, the Defendant is a citizen of Japan.

8. The Plaintiff alleges over $75,000.00 in damages.

9. There exists an actual case or controversy that has arisen between the Parties.

10. This Court may exercise personal jurisdiction over the Defendant because he directed his conduct toward the State of Illinois with the intent to harm an Illinois citizen residing in this District.

11. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because a substantial part of the events or omissions giving rise to the claim occurred in this district. Further, the Defendant directed his conduct toward individuals in this district with the intent to harm an Illinois citizen residing in this District.

12. The Defendant has engaged in intentional conduct with actual malice that has harmed the Plaintiff.

13. The Plaintiff has been injured by the Defendant’s conduct and has suffered damages resulting therefrom.

FACTUAL BACKGROUND

14. This action involves the Defendant’s efforts to defame, discredit, disparage, and damage the Plaintiff’s reputation and thereby cause him to suffer harm.

Background on Parties

15. For many years, the Plaintiff has been a valued McHenry County employee and well-respected member of the community.

16. Prior to his government work, the Plaintiff earned a reputation as a skillful attorney and a person of integrity through his work at multiple law firms including, but not

17. Since 2004, the Plaintiff has served as the State’s Attorney for McHenry County.

18. During his tenure as State’s Attorney, the Plaintiff performed his duties the Offending Website (“July 24 Post”):

Sum Ting Wong is correct, the facts are the facts! As for Mr. Corruption himself, Louis Bianchi to consider evaluating civil law, I would love it.

That would give me the opportunity to unconceal [sic] the real Louis Bianchi of his true identity.

I can expose his underhanded dealings and money exchanging with Dr. Salvi and Jack Pickup.

I wonder how much Mr. Corruption received cutting that deal with Jack Pickup by reducing a Class 4 felony to misdemeanor harassment for sexual exploitation to a minor.

*****

We all know he does not do his job and bleeds the taxpayers for doing absolutely nothing while he lines his pockets with corrupted money.

*****

It’s not hard to follow the trail of the concealed Taylor Street Boys if you open your eyes to the truth.

Mr. Corruption himself, Louis Bianchi supports Bill Prim, former police commander of the Des Plaines Police Department for McHenry County Sheriff.

Jack Pickup, a Des Plaines teacher that also worked for Senator Dan Duffy’s election campaign, which publicly endorses Bill Prim for McHenry County Sheriff.

The fruits of corruption don’t fall far from the corrupted tree.

Dispute these facts Duncan!

23. Since July 2013, the Defendant referred to the Plaintiff as “Mr. Corruption” on over thirty separate occasions in many separate statements on the Offending Website including, but not limited to, the July 24 Post (collectively, the “Corruption Statements”).

24. The Corruption Statements are false.

25. The Corruption Statements falsely convey a meaning that the Plaintiff accepts bribes in the course of his work as the McHenry County State’s Attorney.

26. By falsely conveying the meaning that the Plaintiff accepts bribes in the course of his work as the McHenry County State’s Attorney, the Corruption Statements falsely convey a thoroughly, honestly, and with integrity.

19. Indeed, during his long and distinguished career, the Plaintiff earned a reputation as a skillful attorney and a person of integrity through his work with the McHenry County and Cook County State’s Attorneys offices.

20. The Defendant is an individual who published and continues to publish false statements about the Plaintiff in an online blog under the user name “Fukoku Kyohei.”

Defendant’s Wrongful Conduct

21. As early as July 2013, the Defendant began making numerous false and defamatory comments about the Plaintiff on a blog entitled “McHenry County Blog” accessible at the domain name mchenrycountyblog.com (“Offending Website”).

Corruption Statements

22. On July 24, 2013 at 1:30 p.m., the Defendant posted the following comment on meaning that he is guilty of the crime of Official Misconduct.

27. The Plaintiff does not accept bribes.

28. The Plaintiff is not guilty of the crime of Official Misconduct.

29. The Corruption Statements also falsely suggest that the Plaintiff engages in corruption and other underhanded dealings in the course of his work as the McHenry County State’s Attorney.

30. The Plaintiff does not engage in corruption or other underhanded dealings in the course of his work as the McHenry County State’s Attorney.

31. The Corruption Statements also falsely suggest that the Plaintiff defrauds the public in the course of his work and that he lacks integrity.

32. The Plaintiff does not defraud the public.

33. The Corruption Statements also falsely convey a meaning that the Plaintiff lacks integrity.

34. The Plaintiff does not lack integrity.

35. In sum, the Corruption Statements accuse the Plaintiff of criminal activity, impute a want of integrity in his employment, and prejudice him in his profession.

Election Statements

36. On October 25, 2013 at 3:25 p.m., the Defendant posted the following statements in a single comment on the Offending Website (“October 25 Post”):

All photos taken at Mr. Corruption’s fundraiser for Bill Who are conveniently all close shots for two reasons.

The first is to hide the fact that it must have been mandatory for all employees in the McHenry County State’s Attorney Office to attend to give the appearance of a crowd of supporters.

* * * * *

37. Through the October 25 Post and other statements made since July 2013, the Defendant has accused the Plaintiff of requiring state employees to attend political fundraising events and of using his time as a state employee to campaign for a candidate for McHenry County Sheriff (collectively, the “Election Statements”).

38. The Election Statements are false.

39. The Election Statements convey the false meaning that the Plaintiff intentionally misappropriated state resources by requiring state employees to attend a political fundraiser.

40. By conveying the false meaning that the Plaintiff intentionally misappropriated state resources by requiring state employees to attend a political fundraiser, the Election Statements convey the false meaning that the Plaintiff is guilty of engaging in prohibited political activities in violation of the State Officials and Employees Ethics Act.

41. The Plaintiff did not require state employees to attend a political fundraiser.

42. The Plaintiff has not engaged in prohibited political activity for the benefit of a campaign for sheriff during his compensated time as a state employee.

43. The Plaintiff has not acted in violation of the State Officials and Employees Ethics Act.

44. In sum, the Election Statements accuse the Plaintiff of criminal activity, impute a want of integrity in his employment, and prejudice him in his profession.

November 13 Post

45. On November 13, 2013 at 2:44 p.m., the Defendant posted the following statements in a single comment to the Offending Website (“November 13 Post”):

Yes, I do admit that corruption does exists in McHenry County Duncan Mchenry= Zane Seipler.

Corruption in McHenry County is led by the ringleader, Mr. Corruption himself, Louis Bianchi.

Mr. Corruption made a deal with Jack Pickup recently by reducing a Class 4 felony to misdemeanor harassment for sexual exploitation to a minor. This PIG, a Des Plaines former teacher is sexting messages to an eighth grade girl and Mr. Corruption lets him, like SO many others in this county walk free with a slap on the wrist.

The fruits of corruption don’t fall far from the corrupted tree. Mr. Corruption supports Bill Who, former police commander of the Des Plaines Police Department. Jack Pickup, a Des Plaines teacher that also worked for Senator Dan Duffy’s election campaign, which publicly endorses Bill Who for McHenry County Sheriff. It’s not hard to follow the trail of the Taylor Street Boys.

Also don’t forget that Mr. Corruption embezzled $2,907.94 from the Citizens to Elect Lou Bianchi to purchase food for Bill Who’s last failed fundraiser.

46. Among other false statements, the November 13 Post explicitly accuses the Plaintiff of embezzlement.

47. The November 13 Post imputes that the Plaintiff committed the crime of embezzlement.

Statements Constitute Defamation

48. By publishing the November 13 Post, the Corruption Statements, and the Election Statements, the Defendant accused the Plaintiff of criminal activity, imputed a want of integrity in his employment, and prejudiced him in his profession.

49. By accusing the Plaintiff of criminal activity, imputing a want of integrity in his employment, and prejudicing him in his profession, the false statements made by the Defendant constitute defamation per se.

50. Together, the November 13 Post, the Corruption Statements, and the Election Statements shall be referred to as the “False and Defamatory Statements”.

Concerted Campaign to Harm the Plaintiff

51. Over the last several months, the Defendant engaged in repeated, relentless efforts to harm the Plaintiff.

52. Indeed, the Plaintiff has not filed this litigation in an effort to pursue an individual who posted one or two isolated statements on the Internet.

53. Rather, the Plaintiff pursues the Defendant for engaging in a concerted campaign to destroy the Plaintiff’s reputation and career by posting more than thirty defamatory statements about the Plaintiff.

Continuing Conduct

54. The Defendant continues to make numerous false and defamatory statements about the Plaintiff on the Offending Website.

Public Perception

55. Since the publication of the False and Defamatory Statements, any individual reading the statements might believe that the Plaintiff is guilty of the crime of Official Misconduct.

56. Since the publication of the False and Defamatory Statements, any individual reading the statements might believe that the Plaintiff is guilty of the crime of embezzlement.

57. Since the publication of the False and Defamatory Statements, any individual reading the statements might believe that the Plaintiff is guilty of criminal activity in violation of the State Officials and Employees Ethics Act.

58. Since the publication of the False and Defamatory Statements, any individual reading the statements might believe that the Plaintiff lacks integrity.

59. Since the publication of the False and Defamatory Statements, any individual reading the statements might be prejudiced against the Plaintiff in his profession.

60. Upon information and belief, a significant number of the Plaintiff’s colleagues and peers have become aware of and read the False and Defamatory Statements.

Intent and Actual Malice

61. The Defendant acted with intent and actual malice because he intended to harm the Plaintiff.

62. The foregoing conduct engaged in by the Defendant shall hereinafter be referred to collectively as the Wrongful Conduct.

Harm

63. The Plaintiff has suffered, and continues to suffer, harm arising from the Defendant’s False and Defamatory Statements and Wrongful Conduct.

64. By his False and Defamatory Statements and Wrongful Conduct, the Defendant has affected the Plaintiff’s private and professional life as well as the manner in which his family, friends, and colleagues view him.

COUNT ONE

AS AND FOR A FIRST CAUSE OF ACTION
DEFAMATION PER SE

67. hereby incorporates by reference Paragraphs 1 through 64 above in this First Count as though fully set forth herein.

66. Of the well over fifty statements the Defendant has published about the Plaintiff on the Offending Website since July 2013, the vast majority constitute defamation.

67. Each of the Corruption Statements represents the publication of a false and defamatory statement of fact by the Defendant about the Plaintiff.

68. The Corruption Statements falsely impute that the Plaintiff accepts bribes in the course of his work as the McHenry County State’s Attorney.

69. The Corruption Statements falsely impute that the Plaintiff defrauds the public in the course of his work as the McHenry County State’s Attorney.

70. The Corruption Statements falsely impute that the Plaintiff engages in corruption and other underhanded dealings in the course of his work as the McHenry County State’s

71. Each of the Election Statements represents the publication of a false and defamatory statement of fact by the Defendant about the Plaintiff.

72. The Election Statements falsely impute that the Plaintiff intentionally misappropriated state resources by requiring state employees to attend a political fundraiser.

73. The Election Statements falsely impute that the Plaintiff intentionally misappropriated state resources by engaging in prohibited political activity for the benefit of a campaign for sheriff while employed as a state employee.

74. The November 13 Post represents the publication of a false and defamatory statement of fact by the Defendant about the Plaintiff.

75. The November 13 Post falsely states that the Plaintiff embezzled funds.

76. The False and Defamatory Statements identify the Plaintiff by name.

77. Persons other than the Plaintiff and the Defendant would have and actually have reasonably understood that the False and Defamatory Statements related to and were about the Plaintiff.

78. The False and Defamatory Statements identify the Plaintiff’s place of employment and job title, thereby prejudicing him in his employment.

79. The Defendant made the False and Defamatory Statements on and through the Internet.

80. By publishing the False and Defamatory Statements on and through the Internet, the Defendant intentionally published the statements to a wide audience.

81. The Defendant presented the False and Defamatory Statements as fact.

82. The False and Defamatory Statements constituted unprivileged publication of the defamatory statements by Defendant to third parties.

83. The Defendant made the False and Defamatory Statements with actual malice knowing the falsity of the statements.

84. If the Defendant did not act with actual malice, he acted with reckless disregard for the falsity of the False and Defamatory Statements to the detriment of the Plaintiff.

85. As a result of the Defendant’s conduct and the publication of the False and Defamatory Statements, the Plaintiff has suffered and continues to suffer damages including, but not limited to harmed reputation, embarrassment, and, invasion of his privacy.

86. WHEREFORE the Plaintiff seeks recovery of compensatory and punitive damages arising from the Defendant’s defamation per se.

COUNT TWO

AS AND FOR A SECOND CAUSE OF ACTION
FALSE LIGHT

87. The Plaintiff hereby incorporates by reference Paragraphs 1 through 64 above in this Second Count as though fully set forth herein.

88. The Corruption Statements cast the Plaintiff in a false light by imputing that he accepts bribes in the course of his work as the McHenry County State’s Attorney.

89. The Corruption Statements cast the Plaintiff in a false light by imputing that he defrauds the public in the course of his work as the McHenry County State’s Attorney.

90. The Corruption Statements cast the Plaintiff in a false light by imputing that he engages in corruption and other underhanded dealings in the course of his work as the McHenry County State’s Attorney.

91. The Election Statements cast the Plaintiff in a false light by conveying the meaning that he intentionally misappropriated state resources by requiring state employees to attend a political fundraiser.

92. The Election Statements cast the Plaintiff in a false light by imputing that he intentionally misappropriated state resources by engaging in prohibited political activity for the benefit of a campaign for sheriff while an employee of the state.

93. The November 13 Post casts the Plaintiff in a false light by stating that the Plaintiff embezzled funds.

94. The False and Defamatory Statements identify the Plaintiff by name.

95. Persons other than the Plaintiff and the Defendant would have and actually have reasonably understood that the False and Defamatory Statements related to and were about the Plaintiff.

96. The False and Defamatory Statements identify the Plaintiff’s place of employment and job title, thereby prejudicing him in his employment.

97. The Defendant made the False and Defamatory Statements on and through the Internet thereby intentionally publishing the statements to a wide audience.

98. The Defendant made the False and Defamatory Statements with actual malice, knowing the falsity of the statements.

99. If the Defendant did not act with actual malice, he acted with reckless disregard for the falsity of the statements to the detriment of the Plaintiff.

100. As a result of the Defendant’s conduct and publication of the False and Defamatory Statements casting him in a false light, the Plaintiff has suffered and continues to suffer damages including, but not limited to, harmed reputation, embarrassment, and invasion of his privacy.

101. In making the False and Defamatory Statements on the Offending Website, the Defendant cast the Plaintiff in a false light.

102. By casting the Plaintiff in a false light, the Defendant violated the Plaintiff’s privacy rights.

103. WHEREFORE, the Plaintiff seeks recovery of compensatory and punitive damages arising from the Defendant’s portrayal of him in a false light.

GENERAL

104. Where conditions precedent are alleged, the Plaintiff avers that all conditions precedent have been performed or have occurred.

105. The Plaintiff demands a jury trial.

PRAYER FOR RELIEF

WHEREFORE, the PLAINTIFF accordingly and respectfully prays for judgment against

1. That the PLAINTIFF be awarded compensatory damages in an amount to be

2. That the PLAINTIFF be awarded punitive damages in an amount to be

3. That the PLAINTIFF be awarded any such other and further relief as this Court may deem just and proper or to which he may be entitled as a matter of law or equity.

Dated: Chicago, Illinois PLAINTIFF,
December 20, 2013 LOUIS BIANCHI

s/

By: One of His Attorneys
Charles Lee Mudd Jr.
MUDD LAW OFFICES

= = = = =
The case is assigned to to the Honorable Federal Circuit Court Judge Joan B. Gottschall with Magistrate Judge Sidney I. Schenkier doing the preliminary work.

A status hearing is set for April 11, 2014. That is after the Republican primary election for McHenry County Sheriff.
3114 West Irving Park Road, Suite 1W
Chicago, Illinois 60618
773.588.5410 Telephone
773.588.5440 Facsimile
Illinois ARDC: 6257957
clm@muddlaw.com


Comments

McHenry County State’s Attorney Lou Bianchi Sues “John Doe,” aka, “Fukoku Kyohei,” for Defamation & False Light — 44 Comments

  1. Wow! Well, “Fukoku Kyohei”, I think you can honestly admit now, “they are going to get you”!

    Pity it will be after the primary election to see the identity of “Fukoku” publicly unmasked, especially the fallout if this person is whom “Duncan McHenry” has been saying they are.

    I do forsee countersuits coming, and anyone who’s commented online here, or even browsed, may want to be ready to be called upon, possibly by subpoena, in the coming months.

    Cal, you are about to become what the Daily Herald was during the infamous Buffalo Grove on-line comments case a few years back.

    I can imagine an Arizona law enforcement agent serving “AZsupporter” in the not so distant future in the Grand Canyon state, if this suit widens.

  2. Fukuoku- didn’t you accuse me of libeling and slandering you?

    Better hurry and file that countersuit, Anonymous(not for much longer) Coward!

    Did I mention something to you about the slow rotational speed of those Wheels Of Justice previously?

    Yes I did, Fukuoku/Anonymous Coward.

    Yes I did.

    And if, Fukuoku/Anonymous Coward, you think that your Facebook message to me indicating that I will be beaten to death(for pointing out that an anonymous coward posting on Facebook is against FB TOS) isn’t of interest to the MCSAO….

  3. This is so funny.

    For the record, as I have stated before, I am not Duncan McHenry.

    Duncan McHenry is not linked to me in anyway.

    I do not know who Duncan McHenry is.

    Let the subpoenas fly they won’t come back on me.

    This is fabulous!!

    No matter who Fuki is it falls back on Zinke and Nygren.

    Wonderful!!

  4. “LET THE GAMES BEGIN” Fukoku, you owe Lou Bianchi and others an apology…

    You are not as invincible as you thought you were, are you now?

    Not even Nygren and the Regime can save you from this one.

    Too bad Zane is not Duncan, because now you have some real explaining to do….

  5. I told you Fukoku!

    It is about time that you were held responsible for your slanderous conduct.

    HEY LOU ARE YOU LISTENTING?

    Here is one that you should pass on to your attorney.

    FUKOKU SAID:

    “You are not kidding AZsupporter, back to that book again and again. This was not a mob-related mafia hit, but simply a killing by an angry jealous ex-husband. Paul Scharff is nothing more than a Mafia groupie trying to sell a fictional book by twisting the facts. I could shoot holes in this book in my sleep.”

    Keith Bettinger and I were slandered by Fukoku.

    However, what is more concerning is that Fukoku references Glen.

    Glen is the original suspect in my father’s murder case.

    He was set up by Sheriff George Hendle.

    The Sheriff’s accusations were prolific against him; Sheriff George Hendle was always slamming him in the Chicago, McHenry, and even Las Vegas Newspapers.

    I never use Glen’s last name because of all the harm he has suffered over the 27 years due to him as being the prime suspect in the murder of my father, Ron Scharff and Patricia Freeman.

    After Larry Neumann was named as the killer of my father, Glen’s sister reached out to me.

    She told me that his life was devastated by the accusations.

    I have spoken to Glen’s mother in hopes of reaching out to Glen.

    I wanted to say how sorry that I was that Sheriff George Hendle and the McHenry County Sheriff’s office did this to him.

    She said that he would most likely not want to talk to me because of his personal pain.

    When this all occurred back in the 80’s I remember as a kid the things that were said about him, just about right in front of him too.

    People would point and accuse him whenever he would come around.

    I did to, because I thought that he did it, Sheriff George Hendle said so.

    He still had to come around because he serviced the dart machines at the taverns in McHenry.

    He eventually had to get up and leave.

    The harm was tragic and devastating to him.

    I will not air his life story; I don’t have permission to tell it.

    Fukoku knowingly slandered this man.

    There is not any doubt by anyone that Larry Neumann was the killer and Glen was not.

    Undersheriff Andrew Zinke named Larry Neumann as the killer of my father and Patricia Freeman under Exceptional Status (whatever the hell exceptional status mean; Zinke made it official so I assume that it is.) that it was Larry.

    But there was Fukoku torturing this man as a way to harm Keith Bettinger and myself.

    In doing so Fukoku slandered three people; myself, Keith Bettinger, and Glen.

    I told you Fukoku that you were slandering me.

    I told you to kick out the facts, but you had none.

    I offered you opportunity to recant and apologize and you never did.

    You conduct your slanderous behavior behind an alias, thinking that you would not have to account to the rest of the world.

    I am looking forward to the reveal of you Fukoku Kyohei, we should all know who you are, as you slandered a lot of good people.

    I hope that this serves as an example for others, that they cannot say untruths because serves the agenda of the Regime.

    So long Fukoku, as I am assuming that you made your last post.

  6. Thank You Nancy.

    Just stating what should have been obvious to Fukoku.

    Glen did not deserve any of what he got in life, and did not need a coward to be rubbing it in.

  7. It’s hard to imagine what Glens life has been like.

    They did something to him that he will have to live with for the rest of his life…

    There have been many victims since your fathers murder.

    The list goes on and on and on.

    You have to wonder how those people wake up in the morning with absolutely no remorse for their actions..

    How do they look back and reflect on their lives when they have done so much damage to others?

    Glens story, is one of the main events that stands out because of your fathers story and murder…

    Every time, Fukoku made a comment about Bianchi, Paul Scharff and others she re-victimized them, by attempting to invalidate the truth about what really happened to them…

    Everyone in McHenry County can take a stand and say there will be no more individuals victimized by the court system by getting out and casting their vote for Bill Prim…

  8. Go back and read this blog entry.
    http://mchenrycountyblog.com/2014/01/07/internal-memo-from-andy-zinke-and-keith-nygren-about-greg-pyles-arrest-revealed/#comments

    To refresh your memory this is where “Someone” sent Cal an internal memo from the MCSO.

    One if the first to comment was Fukoku using this memo to defend Andy Zinke and using this email to demonstrate how Zinke got out in front the Pyle episode .

    BUT then Andy Zinke gets busted as being the only one that would have a copy showing those sent a Bcc (blind copy).

    We all know only the senders copy shows this.

    Clearly Andy leaked this or Fukoku acting for him did so.

    I hope this is noted by Lou Bianchi.

    Also note that Fukoku never tried to defend the fact that Andy was busted and went into hiding.

  9. My personal opinion is that whole document release situation sure does give credence to those that named Kim as being Fukoku.

    Who knows?

    Bcc is only shown on the senders copy and the document shown had Andy Zinke as the sender.

    My math adds to Andy being the only person with THAT copy.

    Just spit balling here but, it sure looks like Andy writes it, sends it anonymously , wifey poo writes about it on Cals blog…..

    Just an opinion, draw your own confusions…..

    Wouldn’t a release of internal documents like that be some department rule violation?

    Any deputies here that know the policy book?

    Bill Prim might take note of this too.

  10. YES! This is exciting as we have only entered the beginning stages of a long drawn out legal battle that will involve all of us that have posted on this blog and elsewhere.

    I now have the legal right to prepare my defense that will lead to the revelation of everyone on my list as witnesses that will be granted by our legal system. This means that everyone will be exposed of their true identity and for some that may lead to some serious repercussions.

    I suspect that many of you unidentified bloggers are employed by the McHenry County Sheriffs Department that may compromise your position, as I believe my defense will also expose employees from the States Attorney Office.

    Yes, this is going to be exciting as Louis Bianchi has opened many closed doors without considering his friends in the Misfit Club.

    Louis Bianchi’s action will also make Undersheriff Andrew Zinke, his wife Kimberly, and Sheriff Keith Nygren very wealthy people as I will encourage them to file several of many lawsuits.

    I will even go as far as offering my financial support for all legal fees to Undersheriff Andrew Zinke, his wife Kimberly, and Sheriff Keith Nygren to file several of many lawsuits against you unidentified bloggers and other websites that made derogatory statements against them. I will also lend them my attorney, the best attorney on this side of the Mississippi River.

    So, now we all can enjoy the excitement together!

  11. Scharff, let me address your claim that you are also a victim that has been slandered.

    You may have been the co-writer of this fictional book, but I am the owner of this fictional book that I have purchased and paid YOU money for this purchase. Therefore, I have all the legal right to give my review of this unconvincing fictional book, positive or negative.

    As for posting my free legal right as owner of this unconvincing book on this blog, you opened that door for my review when you hired Duncan McHenry to promote the sales of this unconvincing book on this blog for Profit!

    So don’t play the poor victim card with me Scharff!

    The only person (s) here that has the right to cry slander is Undersheriff Andrew Zinke and Sheriff Keith Nygren for your lies against them in this book and in your website.

    Thanks to Louis Bianchi opening many of those closed doors, you will soon learn about accountability.

  12. WOW Fukoku!

    You never learn, even when it is laid out before you.

    However I was wrong about the one thing, what I was to think was your last post.

    Good Luck Fukoku, I think that you are going to need it.

  13. Cal,

    Who hosts your blog?

    I only ask because this case could be thrown out in a jiffy due to the court not having jurisdiction over the case.

    Because “Fuk” said these defaming things online, they would actually be happening where the blog is being hosted – NOT in McHenry County.

    Unless you are hosting on a server in your house, which I believe you are smarter than that, this case would be thrown out because the circuit court doesn’t have jurisdiction.

    Anyway, was just wondering.

  14. @CombineWatcher – You misunderstand me.

    Hosting means what company offers their servers for Cal to have the data from his blog stored.

  15. If Nygren and Zinke were going to file defamation lawsuits wouldn’t they have done it by now?

    Problem is its only defamation if the statements are untrue.

    There is more than enough evidence to prove corruption when it comes to some people.

    Fuki has no evidence that Bianchi is linked with Chicago gangs like the “Taylor Street Boys”.

    She also has no evidence that Bianchi is corrupt.

    If she did I am sure McQueen and Tonigan would have used her as a witness.

    The fact of the matter is Fuki is in deep Fuki.

    If she turns out to be a relation of Zinke or the spouse of Zinke their campaigns, careers and livelihoods are over.

    I am eager to see how this plays out.

    I am happy to see Mr. Bianchi is being so pro-active these days.

  16. I believe I can answer that question for you Front Page.

    If you examine closely number 3 thru 7, and number 10 in the complaint, they are claiming that I am a citizen of Japan. Therefore, that makes this complaint an international issue because it was conducted towards the State of Illinois with the intent to harm an Illinois citizen residing in this (State of Illinois) jurisdiction district.

    Once it is discovered that I am a resident of McHenry County and a citizen of the United States, the case will be thrown out.

    I only motive behind this clever way of deception, is to find out my true identity.

    I have stated in this blog several times that when you all learn of my true identity, you all will be disappointed that I am nobody of importance, just a victim of supporting Undersheriff Andrew Zinke for Sheriff of McHenry County.

    I have also stated, if you do wish to learn my true identity, just come to Undersheriff Andrew Zinke’s victory celebration where I promised that I will be wearing a name tag stating “I am Fukoku!”

  17. Lou, I am so sorry for you.

    You have such a high opinion of yourself you cannot even take the jester-like nature of the comments of a community blog with a grain of salt.

    There is some concern the comments strike so close to home they offend you.

    I pray you are not “corrupt” but you are definitely far from perfect.

    For you, a public figure, to be so thin skinned you cannot deal with a minor commenter of a minor blog without responding with a law suit with a deeply questionable legal basis looks weak.

    The commenter and their detractors have been deeply offensive to one another and others but a law suit just looks punitive for weak personal reasons rather than strong feelings of honor.

    In order for your honor to be impugned the causal agent would have to be credible and I hardly believe a “John Doe” on a local community blog rises to the level of credible. T

    his is one more petty behavior you are displaying which offends those who have tried mightily to forgive your own weak behavior which has caused actual harm and not fallacious online whining.

  18. Fuki, why don’t you end the nonsense right now and tell Bianchi and the world who you are?

    Get the case dropped right now before you have to pay the best lawyer east of the Mississippi.

    This is how this will go, Bianchi will get the name, the Fed suit will be dropped, and a State case will be filed.

    Its a winning situation because the second filing will no longer be “John Doe”. It will reveal the name for everyone to see with no Fed confidentiality limitations.

    Then when Prim wins we can all wear Fuki’s real name at his victory party.

  19. I must be incorrect in my assumption that police or other investigators can discover the identities of ISP addresses?

    Not that easy anymore?

  20. @Fukoku

    If you truly had the best lawyer east of the Mississippi, they would have advised you to stop commenting, or at least, do not comment on the case.

    You are not listening, and Lou Bianchi, through this FEDERAL lawsuit, is out to get you.

    Whether the Federal lawsuit is an elaborate path to find out your true identity, or if his purpose is to force you to pay damages, remains to be seen.

    But it’s January now.

    You help your preferred sheriff’s candidate best by hitting the streets during the daylight hours on your own time, not through blogging.

    Maybe you should focus on that, for now, as you literally have a Federal case against you.

  21. Oncoming Storm, you are right on! Sounds like good men are taking a stand, so evil does not prevail.

    Fukoku seems to be getting a little to close to that butterfly net territory.

  22. I was surprised to see that Lou Bianchi filed a federal lawsuit against a blogger for statements made by the blogger through a pseudonym (assumed name). The blogger, who goes by the pseudonym “Fukoku Kyohei,” is a frequent blog commenter supporting Andy Zinke for Sheriff against Bianchi’s boy, Bill Prim. The lawsuit seeks damages for defamation and false light invasion of privacy, both of which are Illinois common law claims. Illinois common law claims cannot be filed in federal court unless they accompany a federal claim, or there is diversity of citizenship between the parties. Bianchi alleges no federal claims in his lawsuit, but instead bases federal jurisdiction on diversity of citizenship, claiming “Fukoku Kyohei,” is a citizen of Japan. Bianchi’s authority to be in federal court is entirely built upon this allegation.

    I have been following the blogs on and off since my campaign for Sheriff began, and I have myself considered taking legal action when blog comments have crossed the line from fair comment into malicious defamation. I even preserved evidence of some of these comments and memorialized the statute of limitations dates in which to file a lawsuit, just in case; so I totally understand why someone might file suit if they believe they have been defamed. What I don’t understand is why the federal lawsuit? What evidentiary support does Bianchi have for the factual allegation that “Fukoku Kyohei” is a citizen of Japan? JAPAN! REALLY!?! All evidence I’ve seen suggests a local resident behind the pseudonym. So what good faith basis and evidentiary support is there that this blogger is a citizen of Japan?

    Is Bianchi’s jurisdictional allegation based upon a stereotype, based upon a surname? That would be like alleging that I am a citizen of England because my surname, “Harrison,” is an English surname. (Setting aside, for the moment, that the surname at issue is a pseudonym) is there any shred of evidence anywhere that this blogger is a citizen of Japan? Absent a showing of differing citizenship between Bianchi and “Fukoku Kyohei,” there is no authority to have the case heard in federal court. The burden in on Bianchi to prove jurisdiction if challenged. But Bianchi’s named adversary, “Fukoku Kyohei,” is unlikely to file an appearance or to participate in the federal proceedings, leaving Bianchi with unchallenged use of federal resources for his personal “discovery” purposes. This in turn will likely make Cal Skinner the defender of the constitutional free speech rights of the commenters on his blog, as against Bianchi’s legitimate right to be free from malicious defamation.

    But what the lawsuit also does is to provide Bianchi with subpoena powers and private discovery rights through which to learn the true identity of persons making anonymous comments on a public web log. Bianchi could seek to discover identifying information about people holding opposing political opinions or people who have expressed public criticism of his office or his support for other politicians seeking office. Most importantly, Bianchi’s lawsuit could have a detrimental chilling effect on legitimate free speech rights.

    If I were to receive a subpoena in Bianchi’s case, I’d move to quash the subpoena based on jurisdictional grounds, and force Bianchi to prove his basis for federal jurisdiction, or to otherwise dismiss his federal lawsuit and re-file in state court.

    If Bianchi wanted to learn the true identity behind the pseudonym at issue, (the party allegedly responsible in damages), he could have just filed a suit in state court to take the deposition of the McHenry County Blog (Cal Skinner) under Illinois Supreme Court Rule 224. After the deposition, he could file his defamation and false light claims against the responsible party in state court. So why did Bianchi file this lawsuit in federal court in Chicago, and what evidence is there of diversity of citizenship?

  23. Jim you’re not paying close enough attention. Fuki has made many claims. One of them is that she is a Japanese citizen who attended school in Tokyo. She has left plenty of evidence to infer that she is not an American. Check her Facebook page and her comments on Zinke’s various websites.

    “Bianchi’s boy, Bill Prim”. Do you think you score political points by referring to Bill Prim as “boy”?

    When you make statements like this you lower any opinion a voter may have of you.

    I know form your past post and public statements that if one were to refer to you as Gary’s boy or Nygren’s stepson you would probably take exception.

    I’ve noticed you have remained silent on the interrogations that are being conducted on 30 or so McHenry County employees that are being intimidated by Zinke and Leist today.

    You could offer up your professional services to help those deputies at no cost and show the voters that you are looking out for those you wish to lead.

    For all intensive purposes it appears you are Nygren’s stepson.

  24. An individual using the pseudonym “Fukoku Kyohei” on facebook has “liked” many of Andy Zinke’s posts on his facebook campaign page.

    This individual’s public profile states that they are from Shinjuku-ku, Tokyo, Japan, graduated from International Christian University High School (Koganei, Japan), and currently lives in McHenry, IL

    I assume this is the basis for Bianchi’s claim of Japanese citizenship

  25. Many of my fellow bloggers had given your suggestions and comments that I will try to address in one statement instead of addressing individually.

    Fukoku Kyohei is represented by a very well known attorney that advised me to continue to comment on this, and other blogs, to express my freedom of speech as a resident of McHenry County and a citizen of the United States.

    I could at anytime end the nonsense right now and tell Baby Louis and the entire world who I am. However, that would be too simple and will not work in my favor as Baby Louis has opened many closed doors with serious repercussions.

    I have also claimed on this blog that I am not Asia, but I was born in Japan and lived there until I was 13 years old until my Father, a Major in the United States Air Force, transfer back to the states.

    A responds that I received back from the United States Department of the Air Force Affairs states:

    A United States military base is considered to be American soil, and a child of Untied States citizens can be born anywhere in the world and is still considered to be a native born United States citizen. The birth would have to be registered with the United States Consulate in that country and the appropriate documentation issued and the child would be eligible to hold any elective office in the United States, up to and including, the Presidency.

  26. Fukoku is going for a insanity defense.

    No lawyer on earth would recommend that he/she keep commenting.

    Especially the best lawyer east of the Mississippi.

    I know the lawyer didn’t recommend calling people names.

  27. My personal comment to Jim Harrison:

    If Undersheriff Andrew Zinke was not running for Sheriff and if you were running as a Republican, you would have my vote because you are very intelligent.

    I cannot go into details, but you are not too far from my legal teams overall defense strategy.

    You have also exposed Baby Louis’s true intent, the power of discovery rights to learn the true identity of persons making anonymous comments opposing political opinions and expressing public criticism of his office as he (alleged) attempts to take over this county.

    Well Done Mr. Harrison!

  28. “Oscar” … “Fukoku” the “DRAMA QUEEN” needs to return to the “Cuckoos Next”

    OMG she is going to be a bestseller when that book “Political Campaigning for Dummies” is published.

    The side show attraction from the Nygren and Zinke Circus never ends…

  29. Dan Quayle (sp) (former US Vice-President) once asked at an American Bar Association convention if “the United Sates with 5% of the world’s population really needed 95% of the world’s attorneys?”

    That’s really a fair question.

  30. Fukoku, I think it is great that you are helping to promote Jim Harrison . . .keep it up, he can use all kinds of help, even yours.

  31. “…If Bianchi wanted to learn the true identity behind the pseudonym at issue, (the party allegedly responsible in damages), he could have just filed a suit in state court to take the deposition of the McHenry County Blog (Cal Skinner) under Illinois Supreme Court Rule 224. After the deposition, he could file his defamation and false light claims against the responsible party in state court.

    So why did Bianchi file this lawsuit in federal court in Chicago, and what evidence is there of diversity of citizenship?…

    Mr. Harrison- considering the lack of effort and due diligence required to post on this blog(enter a potentially fabricated name, enter a potentially fabricated email address, enter a correct CAPTCHA code)- I believe you answered your own question as why Mr. Bianchi filed in Federal, and not State, court- the only information Mr. Skinner collects here can be entirely fabricated.

    In fact, anyone could post here as Jim Harrison, or me.

    The web servers that this blog is hosted on?

    Not located in Illinois, but in Kansas.

    Across a state line.

  32. In regards to this comment, Mr. Harrison:

    “…What I don’t understand is why the federal lawsuit? What evidentiary support does Bianchi have for the factual allegation that “Fukoku Kyohei” is a citizen of Japan? JAPAN! REALLY!?!…”

    Mr. Bianchi made no factual allegation whatsoever. As written:

    “4. Upon information and belief, the Defendant is a citizen of Japan.”

    Definition of “information and belief” from NOLO’s Plain English Law Dictionary:

    Language used in legal proceedings to qualify a statement and prevent a claim of perjury. A person making a statement based on information and belief often lacks personal knowledge as to the statement but has a belief that the information is correct. In effect, the person is saying, “I am only stating what I have been told, and I believe it.”

    The only reason Mr. Bianchi states that Fukoku/Anonymous Coward is a citizen of Japan is that Fukoku/Anonymous Coward has identified him/herself as being from Japan on Facebook and here on this blog.

    That Fukoku/Anonymous Coward is a military brat who attended school in Japan is very new news, indeed.

    If it is even true.

  33. Well, I know my fingers are crossed.

    I’m going to have to buy a program because there are a couple of players on here I would like to know the names of.

  34. Hey Bob Demodica! Whats your favorite color bag?

    Or, I means, BAGMAN? Just asking…. My guess is that your favorite color bag or bagman is green.. After all, you must blend in with the scenery, because you wouldn’t want to be noticed. Yah, that’s it. Green for Greedy? Just having some fun Bob and Tamara.. Hey! Just one more question. Have anyone falsely arrested for disorderly conduct lately? Did you know that it is a felony to fill out a false police report?… Sure hope the Feds are listening…lol… Oh sorry, forgot the corrupt agents don’t know how to listen.. WOW! And, where did they get their training to be agents. We will never know. Can’t wait to do my famous cartwheels all the way down the street, when Bill Prim is sworn in as the new McHenry County Sheriff…

  35. I’m missing something here, I thought that “Fukoku” was already identified?

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