Like Big $id Williams, TR often sued anyone who opposed him, myself included. Since these two demagogues had money to burn with their chiro scams, many notable chiro figures felt the wrath of their venom. Fortunately, neither were successful and their bluster was mainly for to show their sycophants how powerful they were.
In fact, it was another futile attempt to hide the truth. If you read this notice to me from TR’s infamous attorney, Carlos Negrete, please read to the very end to see his pontification of the facts that were later all proven false. Indeed, just like TR, Negrete is full of bullshit.
FAX: (478) 929-8822
No. Of Pages: 20
LAW OFFICES OF
CARLOS F. NEGRETE
ATTORNEYS AT LAW
27422 CALLE ARROYO
SAN JUAN CAPISTRANO, CALIFORNIA 92675-2747
Telephone (949) 493-8115 E-MAIL:
Fax (949) 493-8170 [email protected]
VIA TELEFAX, EMAIL & U.S. MAIL
August 2, 2006
James Charles Smith, D.C.
a.k.a. J.C. Smith
SMITH SPINAL CARE
1103 Russell Parkway
Warner Robins, GA 31088-5537
James Charles Smith, D.C.
212 Cartwright Dr.
Bonaire, GA 31005-3902
Quality Business Solutions
84 Sweet Bay Road
Kathleen, GA 31047
RE: Smith Spinal Care Publication & Articles: Wrongberg Smears Again
and Lawyer Says Perle, Peterson knowingly lied about RCS
Demand for Retraction of Libelous Publications
Notice of Libel
Cease & Desist Demand
Dear Dr. Smith & Mr. Webb:
Our firm has the privilege and responsibility of representing Dr. Terry Rondberg (“Dr. Rondberg”), Dr. David Jackson (“Dr. Jackson”), Research & Clinical Science, Inc. (“RCS”), the World Chiropractic Alliance (“WCA”), the Law Offices of Carlos F. Negrete and myself with regard to recent articles written by you, Dr. James Charles Smith a.ka. J.C. Smith (“Smith”) that were disseminated to the public on Internet sites and by email.
We call your attention to two articles. First, an article entitled Wrongberg Smears Again and Lawyer says Perle, Peterson knowingly lied about RCS, authored by you on or about July 13, 2006, and posted at your web site, http://www.stoprondberg.org. The bulk of this article consists of the text of Dr. Rondberg’s article entitled No ‘Perles’ of wisdom here; interspersed throughout the text of Rondberg’s article are your comments and quotations from correspondence and/or other articles. The article also has a link to other defamatory articles on your website. A copy of the article is attached hereto and made a part hereof.
Second, a republication of a news article from www.worldchiropracticalliance.org entitled Lawyer says Perle, Petersen knowingly lied about RCS, again with your comments interspersed. This article, written on or about July 21, 2006, was also posted on your web site, and disseminated by you via email. A copy of this article also accompanies this letter and is made a part hereof.
You have also re-published the content of the article of Dr. Stephen M. Perle entitled The Ethics of Research a.k.a Marketing that was published by www.chiroweb.com and Mr. Don Petersen knowing that it was the subject of investigation and is claimed to be false and libelous.
After carefully reviewing your two articles, we find they contain false statements and information that are clearly designed and intended to be libelous on their face. It is apparent that the articles were intended to cause my clients and myself to be held in a false light and damage our reputations and businesses, which would invariably lead to damages. Indeed, the articles in their entirety are grossly libelous and based on false statements, half-truths and innuendo which are also intended to subject my clients to ridicule and false portrayal.
The articles contain no literary or scientific value other than to defame my clients and myself in order to advance your own personal and professional animus that you have had toward my clients for years, now further advanced by your calumniating statements directed at RCS and its founders, including Dr. Rondberg.
In addition to the attacks that you made against my clients, you have inexplicably and unjustifiably extended your irresponsible and false statements to myself and my law firm in your second article.
Please be advised that this letter is also intended as notice to you that the Law Offices of Carlos F. Negrete and I will not stand by and allow either our reputation or that of our clients be irresponsibly disparaged by you or your organizations.
As with the recent articles posted by your accomplices, Mr. Don Petersen and Dr. Stephen Perle, we are very mindful of the history of attacks that you have directed toward Dr. Rondberg over the course of many years.
We observe that your motives are transparent and not overlooked. It is of general knowledge that you, Dr. Smith, are a business competitor of Dr. Rondberg who has, in the past, displayed your proclivity to defaming and attacking Dr. Rondberg and his business interests for the purpose of advancing and enhancing your own business operations and interests.
Please be advised that your conduct will no longer be tolerated and the World Chiropractic Alliance, Dr. Rondberg, RCS and its affiliates intend to take immediate and decisive action against you and your organization.
We are also informed that you operate web sites known as www.stoprondberg.org andwww.galacticonlinealliance.org that are seemingly devoted to attacking my clients and harming their reputation and interests.
Please be advised that we are conducting a full and extensive investigation into your web sites, defamatory conduct and recent actions that have caused damages and harm to my clients.
It is our suggestion that you contact your legal counsel as soon as possible since we believe that there is ample cause to file numerous claims against you and your operations.
In the meantime, on behalf of my clients, demand is hereby made that you immediately cease and desist from any further postings of articles and/or web sites that are designed to cause damage to my clients’ reputation.
Demand is further hereby made that you immediately cease and desist from using the likeness and image of Dr. Rondberg on your web site or publish Dr. Rondberg’s or the WCA’s copyrighted and proprietary articles.
In addition, demand is hereby made that you remove the web site www.stoprondberg.org from the internet immediately.
Please be advised that you have not sought or obtained permission from Dr. Rondberg to use his name as a title to your website or in any other manner. Accordingly, demand is made that you cease and desist from using Dr. Rondberg’s name as the address of your web site.
On behalf of the Law Offices of Carlos F. Negrete and myself, demand is hereby made that you cease and desist from making any disparaging comments against myself or my law firm. Please be advised that we are further investigating this matter with the objective of determining whether will be filing a lawsuit against you and your organizations. We intend to pursue any and all legal remedies against you for your reckless and irresponsible statements about our firm.
With respect to your recent articles, the basis for my clients’ claims against you and your company arise from, but are not limited to, the following contents in the both articles:
C Throughout, Dr. Rondberg is libelously characterized as a “Dictator of WCA,” a “yellow journalist,” a “journalistic fraud,” a “demagogue,” a “chiro sociopath,” “the most dangerous (and sick) man in chiropractic,” a “phony,” a “con-artist,” a “chirovangelist,” an “Evil Vendor,” a “crook,” a “charlatan,” a “crazed sycophant,” “small minded,” and is compared to a “religious fanatic”;
C Dr. Rondberg is accused of having “conflicts of interest,” of engaging in “unethical” conduct and “dirty dealings,” of misrepresenting facts and mis-characterizing “rival political personalities,” of using a “poison pen” to “vilify” opponents and “incite passions/prejudices among his readers,” of “sanctimonious and evil spewing,” of disseminating “false information,” and of leading “radical insurgents”;
C RCS is labeled a “bait-and-switch” operation, a “scam,” “phony,” “bogus,” a “delusion,” a “money-making scheme,” and labeled as a “for-profit solicitation scheme under the guise of research”;
C RCS is generally accused of performing unethical research and marketing;
C The research performed by RCS is characterized as biased and based on predetermined conclusions, and RCS is accused of ignoring contrary research;
C The promoters of RCS are alleged to be engaged in illegal activity;
C The research being performed by RCS allegedly does not have proper qualifications or purpose;
• WCA is a sham organization;
C The article implies that RCS program can be “leased”.
The basis for the claims of the Law Offices of Carlos F. Negrete and myself against you and your company arise from, but are not limited to, the following contents in the second article:
C You claim my clients are using me “as an authority to denounce Dr. Perle,” and accuse me of filing a “bogus complaint” against you in the past;
C You allege that my opinion regarding my clients is “biased,” and imply I am assisting them in “journalistic fraud”;
C You imply I engage in unethical practice of the law by stating I “ would file any complaint against anyone if the price is right”;
C You claim my representation of Dr. Rondberg is “naive” and that I am “clueless” about Rondberg’s reputation.
• That I lack professional ethics and/or legal competence.
The dissemination of this information on your web site and articles has caused my clients and myself loss of reputation and damages. As you are aware, these articles will likely be re-posted throughout the Internet, across the country and in many parts of the world. Indeed, you have purposely sought to ensure the articles are more widely disseminated by posting links on a “Stop Rondberg Discussion Board,” found at www.activeboard.com, and disseminating them via email.
Accordingly, on behalf of my clients and myself, we must respectfully demand that you immediately remove the articles from your Internet site and post retractions that are of, at least, equal prominence in positioning on your Internet site that clearly provide both an apology to my clients and myself and unambiguously retracts the statements contained in the articles. We demand that these articles be corrected in the manner required by California Civil C.ode, Section 48a(3).
Frankly, Dr. Smith, I am personally very disappointed by these personal attacks upon my clients and myself.
It is bewildering and disappointing that you have embarked on a crusade to cause irreparable harm and damage to your own profession and your peers by making such careless and baseless statements in this irresponsible manner.
You have apparently found it amusing that our firm has been dedicated to providing representation to professional individuals and organizations that have come under such attack.
The truth is that our firm does enjoy a special relationship with our clients, particularly Dr. Rondberg and the WCA. Not only do we support their philosophies and objectives, but we also stand in front of them when they are the subjects of vicious attacks such as your articles.
We are proud to represent Dr. Rondberg and will not back down or cower to your senseless attacks on us and the chiropractic community simply because you have unsupported animus and envy towards those that want to advance valid and necessary research of vertebral subluxation.
Our law firm is keenly aware that you have aligned yourself with the philosophies of Dr. Stephen Barrett, and other so called Quackbusters, such as Don Petersen, Dr. Lou Sportelli, Dr. Stephen Perle and Dr. Samuel Homola in their campaign to suppress chiropractic progress and vertebral subluxation.
You will soon find out that we are committed to setting a new professional and ethical standard that embraces the core values of the chiropractic community. We will do whatever is lawfully necessary to bring justice to those that attack our own by those that seek to repress information and scientific progress. Ya Folla?
Based upon recent events that you, Dr. Smith, have reported about our law firm, I am confident that you understand that our firm is not reluctant to take cases to trial to correct an injustice that has been perpetrated against our clients. This case will be no exception.
It is my suggestion that you immediately contact your legal counsel and insurance company as this letter is intended to be notice of a claim for damages.
At this time, it is requested that you, or your counsel, provide a written response to this letter no later than 5:00 p.m. on August 4, 2006 to my office. In such response, we expect that you will address the statements that have been made in this letter and acknowledge that retractions will be posted on your web site (in a prominent location) along with an apology in conjunction with the immediate removal of the articles.
While we do not believe that a retraction or removal of the articles will completely restore the harm that has been performed upon my clients and myself, it certainly would serve to mitigate damages and be the right thing to do. Hopefully, you will understand and appreciate this request.
We await your written response.
Very truly yours,
LAW OFFICES OF CARLOS F. NEGRETE
CARLOS F. NEGRETE
Attorney at Law
cc: Dr. Terry Rondberg, D.C.