Comment on Twin Galaxies, Billy Mitchell settle Donkey Kong score case before trial
ampersandrew@kbin.social 5 months agoI'll start you off by saying that his "textbook definition of charity fraud" is not from a textbook, and you'll find that and many other answers in the video I linked you. It's long, but it's chapter coded with timestamps, and while I didn't skip it, the author gives you a sizable chunk on tax law that you can skip if it's too dry.
Literally nothing in the story I linked had anything to do with anything not in the public record. I was asking about those specific claims to get a sense of what exact statements of Karl's you're talking about. Your answer doesn't give me a ton of confidence that you're being precise in your allegations about Karl.
As far as I can tell, the only thing he actually proved was that approximately $600k sat in a bank account that most people probably believed was being moved along more judiciously than that. Even that has a reasonable explanation from a legal perspective, and even that answer may not be good enough for the people who donated to Open Hand. As someone who just wanted to know the truth, whatever it was, there was no smoking gun in the next two Jobst videos I watched, and that's the problem. Legally, the video I linked gets into far more about what they shouldn't have said and why Jirard's video was definitely heavily advised and/or drafted by actual lawyers (which even us non-experts suspected, even if we didn't know why) who may have set up Jobst to fall for a trap allowing Jirard to legitimately counter-sue.
These two and a half videos from Jobst (I got fed up with his "this response is the worst thing ever" video) are the first I've ever watched from him, because it came up in my recommendations, and his reputation around Billy Mitchell and Wata preceded him. What I saw led me to believe that perhaps he just needs to be the guy who exposes people's scummy secrets, but maybe this one actually ended before it got truly juicy, because life isn't always as dramatic as what gets written for television, and then he just had to fill time in extra videos. Either way, I was not a fan of what I saw and decided to never watch a certain YouTuber again based on his videos; it just wasn't Jirard...oh, and ordinary gamers was probably worse than Jobst.
mozz@mbin.grits.dev 5 months ago
The assertion was that Jirard had confirmed that some of the money was spent on things that weren't charity, and that the explanations Jirard gave for why it hadn't been given to charity after years had passed were nonsense. All of that depends just on Jirard's statements.
That said, I can buy the idea that there were other allegations in the video that shouldn't have been made because they're not provable; I'll watch your video.
Counter-sue? Karl is suing Jirard? When did this happen?
ampersandrew@kbin.social 5 months ago
You're right, miswording on my part. I got lost in the legal threats back and forth. I'll correct it.
mozz@mbin.grits.dev 5 months ago
I think I got so mad that I spent half an hour of my life watching this, that I replied to myself. But my response (after watching most of the video) is up there.
mozz@mbin.grits.dev 5 months ago
There were no legal threats from Karl's side to get lost in. There were statements about Jirard's conduct, but no threats or anything resembling them. I'm suddenly a lot more skeptical about what you're saying, although I'll still watch the video.
mozz@mbin.grits.dev 5 months ago
Okay, I've seen enough; I made it to 33:12. This video is way longer than it needs to be; Karl made some pretty specific allegations, which do line up with the legal definition of charity fraud (which is laid out in clear legalese in the video), if they're true. The most critical part is the way Jirard repeatedly on stream made very specific statements about where the money was going to go, or had gone, that turned out not to be true by his own later admission. The video could have started at 28:29 with "what is fraud, and did it happen," and done at most a couple minutes' Cliffs Notes for the rest.
I waited and waited for this to be addressed.
At 31:02, he artfully excerpts a statement from Jobst saying the behavior was "unethical and almost certainly illegal," by saying only the "certainly illegal" part. Those are two very different statements, and this was the first time my whoa-hold-the-fuck-up meter started to register.
At 31:30, he airs one of the statements by Jirard that's not really an issue, and explains that as a general statement it's not really an issue. How about the statements Karl took issue with? I was back in waiting mode.
At 33:04, he says, "The times where Jirard has stated that funding has occurred might be obvious miscommunications or simple misstatements. Human error."
Shut the fuck up Mr. Lawyer Man. You can't make a whole half hour lead up about why the whole thing is a huge misunderstanding and what a great position Jirard is in since he never actually did any fraud, and then just casually drop that "Oh yeah and those the times he lied about where the money had gone he probably just made a mistake and it's not a big deal." Especially since part of the defense is, well we were waiting before we actually gave the money for it to be enough to be able to do X Y Z fancy thing.
I am not a lawyer. There may be some additional explanation that clarifies why they were "obvious miscommunications." But I saw enough to satisfy my curiosity.