Wine Pop + Paul Kimmage Fund – Bill Hue's response to Aaron Brown's (aka Tim Brown) assertions

Aaron Timmer Brown in Spain

Yesterday Aaron Timmer Brown made a number of claims in his response to my post – Aaron Timmer Brown – the fraudster involved in Wine.Pop.

Below is the reply from William 'Bill' Hue, an elected judge in Wisconsin and who represented the Kimmage donors in the Massachusetts court case.  

"The litigation in Massachusetts was a business dissolution action, not a “class action lawsuit”. An elected judge in Wisconsin, part of the smear campaign, injected himself into the proceedings, by attempting to attach a “class action", which in itself is a violation of the Wisconsin Judicial Code of Ethics for involving himself in a lawsuit while a presiding judge. The other peculiarity of the civil filing is the “business” was not an established business, but under Massachusetts law, anyone can say anything is a business and dissolve a “relationship”. This was the primary reason why the lawsuit was filed in that jurisdiction, as opposed to Canada or Spain, my two nations of residence, as neither would have accepted the filing."

I moved to intervene in the existing Massachusetts lawsuit on behalf of myself and others who donated to the  Kimmage Defense Fund because possession and control of said Fund was actually being litigated at that time in that Court by the two principals. Lesli quickly and cooperatively agreed to our intervention and to Class certification joining with the Class in its motions. The Court subsequently allowed intervention over Aaron's objection. I asked the Court to certify the donors as a Class. I obtained actual and legal acquiescence from Paul Kimmage himself to do so. I complied with Class notification requirements. I obtained certification from the Court over Aaron's objection. Appeal time has run over those procedural issues.

We then litigated the case on its merits. I sued Brown on behalf of the Class for possession and control of the funds, compensatory damages for breach of fiduciary duties and for costs and interest on behalf of the Class.The Class of donors prevailed on our claims over Aaron's objection and then by both default on the merits and also as a sanction for the inappropriate way he chose to abandon his positions and his wrongful violation of specific Orders of the Court requiring him to account for the Funds. Aaron lost on the merits.

Aaron lost on procedure, lost on the merits and lost on the issue of sanctions.

The Class of donors obtained Findings Conclusions and Judgment that Brown had the funds,unlawfully took them, unlawfully held them and breached his fiduciary duties to the donors. The Judgment against him is for for the estimated remaining funds, interest, costs and continuing interest until they are returned.

Again, the Class of donors won on the merits and Brown lost, badly. The appeal time on all issues in the case has run. 

To sum up, Brown lost on procedure. He lost on the merits. He lost as much as he could possibly lose. He failed to appeal. The Class of donors has Judgment against him for well over U.S. $100,000. Whatever justification he has for losing. he must concede that he had an opportunity to persuade a neutral court with jurisdiction of his defenses. The Court concluded that his defenses were without merit. The Court additionally sanctioned him for knowing violating Court Orders. He failed miserably and completely. The legal matter and any arguments Brown once had are over and closed. Each and every argument has been decided against him by a neutral court of law having jurisdiction consisting of at least 3 separate presiding judges.

I deny engaging in a smear campaign against Aaron Brown except to communicate with nearly 1000 donors through social media to convey the results and conclusion of our litigation. A Court of competent jurisdiction has found he has taken our money unlawfully and owes us for what he has taken and wrongfully holds. His specious arguments and justifications will not stand. I intend to do whatever I can to bring him to justice.

Finally, his misunderstanding of and misstatements on the subject of the Wisconsin Supreme Court Rules pertaining to judicial ethics is astounding in its absurdity. That certainly is consistent with his other failed legal positions and contentions.

Thank you.

Bill Hue'