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Less Injustice

By Adam Radly 

 

The first point I want to make is that my injustice experience was mostly “inconvenient” in the sense that it arose from a civil matter, not a criminal matter and did not result in a criminal record.
 
I understand that almost every example of injustice involves much more significant consequences and I did not create the “Less Injustice” project because I think that my experience was a huge miscarriage of justice that needs to be addressed.
 
I created the “Less Injustice” project as a matter of principle because my experience did involve a judge deliberately ignoring a “black and white” piece of evidence and judges that behave this way should be held accountable for their actions.
 
Case Summary
I acquired an unprofitable business with the intention of executing a “turnaround”. I couldn’t turn the business around and the failure of the business triggered a sequence of litigation with the former owner that unfolded over several years.
 
At one point in time during this litigation, the judge entered a court order that stated that “no assets can be transferred”. Sometime later, I issued a press release about the sale of some shares that I believed were not subject to the court order (not something you would do if you were trying to do a “secret” transaction).  After getting some legal advice indicating that the shares could be subject to the court order, I decided not to complete the sale of shares and there was never any transfer of ownership of the shares at any time.
 
The plaintiff’s attorney interpreted the “press release” as a sale of an asset that was subject to the court and asked the judge to find me in contempt of court because these actions violated the court order that stated that no assets could be transferred.
 
The shares in question were held by an independent “stock transfer agent”. I knew that this entire issue could simply be resolved with an affidavit from the independent stock transfer agent confirming that the shares had never been transferred (and for the stock transfer agent to agree to be a witness if required).
 
Also, the company’s financial statements were audited by a reputable independent accounting firm and the audit report confirmed that there was no sale of shares.
 
Further, as you would expect, the actual contracts relating to the sale of shares also confirmed that the transaction was terminated before any shares were transferred.
 
All of this black and white evidence was presented and the judge simply decided to ignore all of it and chose instead to find me in contempt of court based solely on a press release. The net result: I ended up spending approximately 27 hours in a cell and a $4,000 fine.
 
Even though the consequences were only 27 hours in a cell, a $4,000 fine and no criminal record, the idea of a judge clearly and deliberately ignoring black and white evidence as absurd and it occurred to me that there must be a lot of people that must have encountered similar absurd behavior from other judges and ended up with much more severe consequences than mine.
 
Review By Independent Judges
 
I am obviously biased toward myself so I decided to hire multiple independent judges to review my case and confirm that the judge got it wrong.
 
In order to prove that the judge got it wrong, I need the people reviewing my case to be current or former judges (not just lawyers), they need to be completely independent of me and there needs to be more than just one.
 
Reports from three independent judges (all clearly indicating that the judge in my case got it wrong):
These judges were not been selected because I expected them to provide opinions in my favor. They were randomly selected and I’m perfectly happy for any judge to review the case. In fact, I challenge any judge to review the evidence and come to the same conclusion as the judge in my case.
 
Plaintiff’s Attorney
Finally, there’s a point that needs to be made about the lawyer for the plaintiff.
 
Unlike the judge, who constantly failed to understand the simplest concepts, the plaintiff’s attorney was very clear about the fact that evidence from an independent “stock transfer agent” confirming that “no stock was transferred” was black and white evidence that confirmed that there was no violation of the court order that said that “no assets can be transferred” – yet he still decided to proceed with the request for a finding of contempt.
 
At best, this is “extremely unethical”. At worst it’s completely *uckedup and, in my opinion, lawyers that do this should be penalized with a prison sentence.

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