To: M. Stuart Lynn, President and CEO of ICANN
From: Edward Harvilla, Attorney (Pennsylvania)
Victim, Neulevel, Inc. Fraud
RE: Imminent Federal RICO Litigation: Neulevel, Inc.
Dear Mr. Lynn:
I am writing to you as a courtesy to provide you with advance legal
notice of the imminent filing of Federal RICO Litigation against
Neulevel, Inc. The subject matter of the RICO action arises in part from
facts that were the subject of a September 6, 2001, investigative expose
about Neulevel, Inc.'s "dirty lottery" by the premier Internet Fraud
Reporter with the Microsoft-NBC Network which currently appears at the
following link:
http://stacks.msnbc.com/news/624000.asp
Aside from the pattern of wire fraud described in the MS-NBC
article, Neulevel, Inc., has also failed to refund the $90 that
Neulevel, Inc. fraudulently debited from my credit card with regard to
an IP Claim for the domain name {biz.biz} despite my numerous requests
to Neulevel, Inc.'s outside counsel, Jeffrey Sherwood, that his client,
Neulevel Inc., conduct its operations in accordance with the law and the
widely-accepted ethical norms of e-commerce business practice by issuing
a credit to my credit card in the amount of $90.
No reply to this email notice is necessary; however, if you deem a
reply necessary, a reply would be accepted via email or letter sent via
the U.S. Postal Service to the following address:
Edward Harvilla, Attorney
Masonic Building
4 South Second Street, Suite 201
Pottsville, PA 17901
Regretfully, due to evidentiary considerations I would not accept
any phone calls nor any correspondence pertaining to this matter sent
via private couriers such as Federal Express, UPS, etc.
Sincerely yours,
Edward Harvilla, Attorney
Victim, Neulevel, Inc. Fraud
Pennsylvania Attorney I.D. No. 49425
[In principle, multiple offenses of selling illegal lottery tickets would appear to be exactly the sort of predicate offenses that RICO -- the anti-racketeering statute -- was designed to eradicate. And RICO offers treble damages. In practice, however, there are at least two obstacles to this exercise. First, there's an ongoing class action in California, and there's a good chance that since that case was filed first, if the class is certified there a federal court in a later-filed would find an excuse to abstain from hearing a claim based on what appear to be the identical facts, albeit a different statute and thus different offense. Second, judges don't like RICO claims much these days, especially if they decide that the underlying dispute is really commercial rather than true racketeering...-mf]
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