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John T. Reed’s opposition to Russ Whitney’s Spring 2004 injunction motion 5

EXHIBIT M
From: Robert Yates <reyates@msn.com>
Date: Fri, 7 May 2004 09:55:53 -0400
To: <johnreed@johntreed.com>
Subject: Re: Book Interview

Thank you for your input and support. I agree. Scott is a real bulldog, isn't he. Treats and intimidation are part of the culture. I can write all I want about Russ, especially since he is a public figure, as long as it is not malicious. But it is my insider's view about which I must be allowed to write to make it of any value. Unfortunately, much of that is bound by attorney client privilege or work product and an earlier confidentiality agreement I executed months after I began employment.

By signing the proposed agreement, I could not even make any disparaging statements about Russ or the company, which provision I would comply with if I promised not to do so in the agreement, regardless of whether the agreement is legally enforceable or not. There is much I can say good about the company and, maybe, even Russ. Real estate investing does have the potential to change people's lives for the better. I have read many grateful letters from students, as well as those who felt they were cheated. (See the problem - I would not even be able to make that statement if I would have signed the agreement)

I am still researching some options and will, hopefully, soon have access to Westlaw.

Rob

EXHIBIT N
From: "John T. Reed" <johnreed@johntreed.com>
Organization: John T. Reed Publishing
Reply-To: <johnreed@johntreed.com>
Date: Fri, 07 May 2004 15:37:07 -0700
To: Robert Yates <reyates@msn.com>
Subject: Re: Book Interview

Malicious is the wrong word. The phrase “actual malice” is a term of art. It does not mean malicious. It means that you cannot print something you know is false or with reckless disregard as to whether it is false.
You seem to take the position that you have a moral, if not a legal, obligation to remain silent if you promised to do so. I agree up to a point. But we all have moral obligations to our society as well. See my Web page on why I created and maintain my guru rating page. It contains statements like Abe Lincoln's phrase about “sinning by silence when we should protest.”
If the purpose and effect of your silence is to enable Whitney to continue to cheat people, then your silence is immoral. The items on the two sides of the scales of justidce would be Whitney's right to keep on doing what he's doing without any light being shown on it versus the public's right to not be cheated.
I doubt that very many judges or moral arbiters would find that scale tilts toward the Whitney side.
This issue has been in the courts and news in recent years because corporations keep settling cases out of court and requiring the victims to sign confidentialiy agreements. It has been pointed out that such agreements should be against public policy because they have the effect of letting the misbehavior continue longer than it would if such confidentiality agreements were illegal. Essentially, the plaiantiffs who are signing such agreements in return for some money are selling out the health and safety their fellow citizens for 40 pieces of silver.
If you were subpoenaed, I doubt any judge would let you reamin silent because of an unenforceable agreement that arguably violates public policy.
John T. Reed

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From: "Robert Yates" <reyates@msn.com>
To: "John Reed" <johnreed@johntreed.com>
Subject: Whitney
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Hi John. I hope you and your family had a nice 4th of July holiday weekend. I just wanted to share with you a couple of news items I recently read. I read about a month that Whitney Information Network has promoted Nick Maturo to President in place of Russ and promoted Charles (Ched) Miller to Chief Financial Officer in place of Ron Simon. I think that is part of their strategy to further disassociate the name of Whitney from their operations. I also read that a private company of Russ' named RAW, Inc. purchased a 25 acre multifamily parcel in Cape Coral for $3.7 million. I also noticed several more complaints against Russ in Lee County Circuit Court that you might not be aware of. In February of 2001, Russ violated the water ban. In March of 2002, Russ violated a regulatory Manatee protection zone. In September, 2003, Russ was charged with violating navigational rules. In November of 2003, Russ failed to obey a traffic control device. I hope someone gets this guy off the road and waters before he kills someone. He thinks he's god! But he cares for no one but himself.

I just felt like venting. Thanks.

Best wishes.

Rob
P.S. I had a strange visit at the courthouse with someone named Nick Oliver who wanted me to do some research in regards to real estate securities violations and fraudulent transfers. He declined my services, but it was a very bizarre meeting and I suspected Russ might have put him up to it. Do you have any info on a Nick Oliver?

Robert Yates
Yates Associates
2200 Sunrise Blvd
Fort Myers, Florida 33907
YatesAssociates.Net

EXHIBIT P
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Date: Thu, 08 Jul 2004 15:27:22 -0800
Subject: Re: Whitney
From: John T Reed <johnreed@johntreed.com>
To: Robert Yates <reyates@msn.com>
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Thanks,
I knew about Whitney's minor troubles with the law but decided they were not important enough to worry about.
John T. Reed

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From: "Robert Yates" <reyates@msn.com>
To: "John Reed" <johnreed@johntreed.com>
Subject: Fw: Whitney
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I forgot to mention that Russ' defense attorney was listed as Marie Gonzalez, who is actually Marie Code. I was wondering if the general counsel of a publicly held company can do private work for the CEO on company time.

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From: "Robert Yates" <reyates@msn.com>
To: "John Reed" <johnreed@johntreed.com>
Subject: Whitney v. Yates and Reed
Date: Thu, 5 Aug 2004 11:13:47 -0400
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X-OriginalArrivalTime: 05 Aug 2004 15:09:32.0051 (UTC) FILETIME=[360FE630:01C47AFE]Dear John,

I suppose by now you have been served with Whitney's complaint against us, more so me. I have hesitated to communicate with you due to the complaint but feel it is important to both our defenses that we do. Though I have no doubt that Whitney would attempt to manipulate and trick you, and me, I can only repeat, once again, that I am not a Whitney spy.
With that said, I feel that we can and should communicate in some manner so that we can prepare the best defense possible. I cannot afford the costs of an attorney right now and must present my case, pro se. I also have a EEOC charge filed against Whitney Education Group and a civil complaint against Whitney Education Group, Russ Whitney, Marie Code, and Michael McKenna, which I have filed, but not yet served. I quickly put it together just in time to beat a hefty court filing fee increase, but it still needs serious research and amending before it is served on the Whitney folks.

Would you please tell me if you have a retained an attorney to whom I should direct my inquires or discussion?

Have you disclosed any of our email communications to anyone that might have forwarded the contents to Whitney?
I must admit that Whitney's complaint has me a bit on edge after reading the confidentiality agreement that I executed, especially the attorneys' fees, which Rothstein is good at racking us. But in the final analysis, I truly don't believe you or I have crossed the line. Please tell me what you think. I will begin researching this as soon as I can and share such information with you when I can make some sense of it.
I really am sorry that I have drug you in to another Whitney complaint.

IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA

CASE NO.: 04-CA-003045
Judge William C. McIver

WHITNEY INFORMATION NETWORK, INC.
A Colorado Corporation,

Plaintiff,

v.

ROBERT E. YATES, an individual, and
JOHN T. REED, an individual,

Defendants.

ORDER
On motion of Plaintiff Whitney Information Network, Inc., for an emergency preliminary injunction and order to deliver and purge records, and Defendant John T. Reed's motion to attend any hearing related to this motion by telephone, good cause having been shown, therefore,
IT IS ORDERED that the Plaintiff's motion be denied and that Defendant John T. Reed be permitted to attend any hearing related to this motion by telephone.
_______________ ______________________________________
Date

IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA

CASE NO.: 04-CA-003045
Judge William C. McIver

WHITNEY INFORMATION NETWORK, INC.
A Colorado Corporation,

Plaintiff,

v.

ROBERT E. YATES, an individual, and
JOHN T. REED, an individual,

Defendants.

DECLARATION OF SERVICE
JOHN T. REED, under penalty of perjury hereby declares:

On January 18, 2005, I served DEFENDANT REED'S OPPOSITION TO PLAINTIFF'S EMERGENCY MOTION FOR PRELIMINARY INJUNCTION AGAINST DEFENDANT JOHN T. REED AND DEFENDANT REED'S MOTION FOR LEAVE TO ATTEND MOTION HEARING BY TELEPHONE by Federal Express on Scott Rothstein, 300 Las Olas Place, Suite 860, 300 S.E. Second Street, Fort Lauderdale, FL 33301 and Robert Yates, 2200 Sunrise Boulevard, Fort Myers, FL 33907.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 18, 2005.

John T. Reed, pro se
342 Bryan Drive
Alamo, CA 94507 925-820-6292, fax 925-820-1259
johnreed@johntreed.com

IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA

CASE NO.: 04-CA-003045
Judge William C. McIver

WHITNEY INFORMATION NETWORK, INC.
A Colorado Corporation,

Plaintiff,

v.

ROBERT E. YATES, an individual, and
JOHN T. REED, an individual,

Defendants.

DECLARATION
JOHN T. REED, under penalty of perjury hereby declares:
1. I have been writing investigative journalism articles and books since 1976.
2. I define investigative journalism as the Investigative Reporters and Editors Association tentatively defines it in their book Investigative Reporter's Handbook, Fourth Edition: “The reporting, through one's own initiative and work product, of matters of importance to readers, viewers, or listeners. In many cases, the subjects of the reporting wish the matters under scrutiny to remain undisclosed.”
3. I am a member of the Investigative Reporters and Editors Association, the National Association of Real Estate Editors, the Professional Football Researchers Association, and the Football Writers association of America. I am a past member of he Authors Guild. One year, I was one of four judges for the annual National Association of Real Estate Editors Journalism Awards including their investigative story award. I completed the multi-day Investigative Reporters and Editors Association training session “Better Watchdog Workshop.”
4. Since 1976, I have written numerous articles that criticize prominent individuals in the real estate investment advice business, groups of real estate investors who engage in various practices, predatory lending, predatory leasing, corrupt government officials, deficiencies of real estate trade associations, fraudulent tactics of get-rich-quick real estate gurus, fraudulent mortgage application tactics, concealment of toxic contamination, embezzlement, baseball safety, escrow fraud, and many other investigative issues unrelated to Plaintiff
5. I was the only source interviewed by Morley Safer in the CBS 60 Minutes segment “Nothing Down” aired in March 1986. In that program, 60 Minutes was investigating Joe Land, a get-rich-quick real estate investment guru similar to Plaintiff's CEO Russ Whitney.
6. Also in 1986, ABC's Good Morning America flew me to New York City to debate Nothing Down author Robert Allen on the validity of his real estate investment advice. I also debated Robert Allen on KQED Public Radio in San Francisco.
7. In 1987, CNN flew me to Hollywood to debate get-rich-quick real estate investment guru Dave Del Dotto on the Larry King Live television program. Upon information and belief, Plaintiff's CEO Russ Whitney was one of Del Dotto's real estate investment seminar speakers.
8. A Washington, DC television talk show flew me to that city to debate get-rich-quick real estate investment guru Tony Hoffman in the 1980s. I also debated Hoffman on the national television Financial News Network.
9. I have been reviewing the books and seminars and other products of many real estate investment writers and, speakers, and advisors since 1978. In those reviews, I give my opinions and point out errors or omissions in the facts or logic of the book, article, or seminar in question. When the Internet became popular approximately twenty years later, I put over one hundred such reviews, including one of Plaintiff's CEO Russ Whitney, on my Web site www.johntreed.com.
10. My reviews and investigative articles have appeared in my newsletter Real Estate Investor's Monthly since February 1986 and in my books since 1981.
11. My articles have also been published by Harcourt Brace Jovanovich in their newsletters Real Estate Investing Letter, Managing, and Rental House and Condo Investor, as well as in publications of other publishers like Inflation Survival Letter and Personal Finance, Kiplinger's Changing Times, American Football Quarterly, American Baseball Coaching Digest, Gridiron Coach, Impact Reports, Texas Apartments, National Youth Sports Coaches Association Monthly, The San Francisco Examiner, and other publications.
12. Approximately 4,000 of my articles have been published by various publishers since 1976.
13. My first book was published by Harcourt Brace Jovanovich in 1978. I have written and published approximately 50 additional books since 1981.
14. I graduated from the United States Military Academy at West Point in 1968 with a Bachelor of Science degree and from the Harvard University Graduate School of Business Administration with a Master in Business Administration in 1977.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 16, 2005.

___________________________.
John T. Reed, pro se
342 Bryan Drive
Alamo, CA 94507 925-820-6292, fax 925-820-1259
johnreed@johntreed.com

Copyright 2003 Last update 3/11/03
John T. Reed, a.k.a. John Reed, Jack Reed, 342 Bryan Drive, Alamo, CA 94507, Voice: 925-820-7262, Fax: 925-820-1259, Email: johnreed@johntreed.com

CONSUMER WARNING NOTICE: I recently saw Russ Whitney on a late night TV infomercial and then attended one of his "free" seminars. Unfortunately I believed all of their LIES and FRAUDULENT CLAIMS and I paid thousands of dollars to go to his "training camps". Needless to say I was clearly ripped off, cheated and lied to by Russ Whitney and his employees (band of thieves). My mistake was not searching the Internet to find out more about Russ Whitney and his company's HORRIBLE reputation for fraud, deception and illegal activities. Had I searched online I would have found out about THOUSANDS of customers being cheated, HUNDREDS of investigations by the Attorney General into the fraud of Russ Whitney and his company's, and that Russ Whitney himself is a CONVICTED VIOLENT FELON and spent years in PRISON. I saved the cached pages from the major search engines of the John Reed lawsuit with Russell Whitney and the TRUTH and FACTS that Reed discovered during his investigation of Whitney. I am posting this information on real estate discussion boards so other people do NOT get cheated and ripped off like I did.

McFish

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