Good day, eh. Well today’s topic deals with the shocking, but completely expected fact that James McGibney (who we don’t like) has been caught red-handed committing FELONY PERJURY while testifying in a California court of law.
Seriously. JAMES MCGIBNEY IS AN unCONVICTED FELON.
SPECIAL UPDATE: 3/22/14 at 0030 hrs GMT throughout the article.
Found in California Penal Code Section 118, California law defines “perjury” as deliberately giving false information while under oath. Specifically:
Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.
You are subject to prosecution for perjury if you willfully give false information in any of the following circumstances:
•when testifying in court,
•when being deposed,
•in a signed affidavit,
•in a signed declaration,
•in a DL 44 drivers license application at the DMV, or
•in a signed certificate.
How Does The Prosecutor Prove Perjury?
To prove that someone is guilty of perjury, the prosecutor has to prove the following facts or elements:
(a) You took an oath to provide information in a truthful manner.
(b) You willfully stated that the information was true knowing that it was in fact false.
(c) The information was material.
(d) When you made the statement, you intended to testify falsely while under oath.
Lying under oath can land you in prison! Perjury is a serious crime and an affront to the justice system. If you are accused of perjury – willfully and knowingly lying after taking an oath to tell the truth, or signing a document that you know contains false assertions, you could serve up to four years in state prison and be ordered to pay thousands of dollars in fines.
Some examples of perjury include:
•To lie while answering a question when testifying as a witness during a trial
•To lie while answering a question when testifying as a witness during a trial
•To lie while answering a question when testifying as a witness during a trial
Oh, and did we mention: To lie while answering a question when testifying as a witness during a trial.
In the case at hand, James McGibney was caught lying while giving testimony as a witness during a trial on April 8, 2014, before a judge in Santa Clara County Superior Court in which McGibney was attempting to convince a judge to give him a Temporary Restraining Order for Workplace Violence against some random guy who supposedly said mean things about McGibney on the interwebs. We guess that Mc-Stupid was afraid that someone was going to murder him, or rape him, or murder and then rape him.
So we get an anonymous email last night containing several documents and transcripts from various court hearings. Because the lulz from all of this is super awesome, we decided that we’ll do a series of articles, spread out over time, so as to keep the lulz going for as long as possible.
So before we get started here, we would like to take you back in time to a previous article we wrote in which it has been determined, beyond a shadow of a doubt, that James McGibney is guilty of Stolen Valor FRAUD.
Over the past 3 or so years, in television and print media interviews too numerous to list, McGibney has been loudly and proudly claiming that “The Secretary of the Navy awarded [him] a Navy Achievement Medal for outstanding computer security support of 128 embassies throughout the world.” See, for example, McGibney’s Bloomberg Business Week biography right here:
Yet we here at the BV Files have obtained the actual Navy and Marine Corps Achievement Medal citation itself. And what did we find? We found that James McGibney completely and utterly lied about the facts and circumstances surrounding his receipt of this medal. We found that McGibney’s claims are complete and utter BULLSHIT (to use a technical legal term from Black’s Law Dictionary).
Here is the medal citation itself. We trust you will be able to read through it as carefully as we have, and if anybody finds one single mention about computer security support for US embassies, we will award that person $50 billion. Seriously.
As you can plainly see from the medal citation it was (1) NOT awarded to him by the Secretary of Navy and (2) was NOT awarded to him “for outstanding computer security support of 128 embassies throughout the world.” He got it for being able to rearrange the training schedules during cold / wet weather while his supervisor was out sick or otherwise not available!!
Remember our previous article about McGibney and his Marine Corps resume. We showed you a copy of his military form DD214 which clearly states that his primary MOS is 0151 Administrative Clerk. Every single job in the military has its own specialty code (its own MOS). The MOS for Admin Clerk is not the same as for a Postal Clerk (which is MOS 0161), or Riverine Assault Craft Crewman (MOS 0312).
McGibney’s MOS started with Occupational Field 01, thus he was pigeonholed in the Personnel & Administration job categories. If James McGibney (who we don’t like) had anything to do with computers, networks, or computer security, his MOS would have begun with OccFld 06 Communications, such as Cyber Network Operator – Sgt-Pvt (MOS 0651) or Construction Wireman – Sgt-Pvt (MOS 0613). Or, if McGibney had truly been involved in Network Operations, he would have been a MOS 0651 Cyber Network Operator – Sgt-Pvt. To learn more about Marine Corp MOS listings go here: http://en.wikipedia.org/wiki/List_of_United_States_Marine_Corps_MOS
Here is McGibney’s US Marine Corps official Job Description for Admin Clerk.
Also, keep in mind that when Mc-Stupid was in the Marines it was over twenty years ago. Was there even an internet back then? (And if so, did it have lots of free porn?)
In any event, in that official job description, do you guys see anything in it that has anything to do with cyber-security or any kind of computer nonsense? Yeah, we didn’t think so, either.
So here is where it gets juicy. McGibney starts to give testimony and he lies through his teeth. Seriously. We will just let the documents speak for themselves and you can draw your own conclusions, of course.
To give you some context, at this point in the proceedings Leiderman has provided Judge Derek Woodhouse with what amounts to a print out of McGibney’s stupid little “article” on his Bullyville website about Retzlaff. Now Leiderman and McGibney are trying to convince the judge that they know what they are talking about when they claim that Retzlaff is the man behind a whole bunch of anonymous email and Twitter accounts that have been saying mean things about Mc-Stupid and his revenge porn / blackmail company ViaView.
So when McGibney was telling Judge Woodhouse that he protected 128 embassies throughout the world from cyber attacks, and that tracking down IP addresses and uncovering anonymous email & twitter accounts was what he did in the Marine Corps, he wasn’t lying, was he?
So when McGibney was telling Judge Woodhouse how he can trace someone’s tweets, that he can “go back and see what IP address he was using” and that he could trace this twitter IP address to Arizona and Texas, he wasn’t lying, was he?
Hey McGibney! When you claimed to have the IP addresses of these anonymous tweets, did you tell Judge Woodhouse about the letter Leiderman got from Twitter’s lawyer in which they DENIED your subpoena request for IP information from Twitter on April 3, 2014 – just five days before you gave this testimony?
Will you please explain to the court how you were able to get the IP address information for these specific tweets without the cooperation of Twitter? Or are you just making shit up?
Remember above when we told you what the elements are for perjury? One of the elements is that the information was material. Under the law, information is material if it is probable that the information would influence the outcome of the proceedings, but it does not need to actually have an influence on the proceedings. Knowledge of Materiality is not necessary. Penal Code Section 123.
As you can see above, McGibney is clearly attempting to influence the proceedings by qualifying himself as some kind of computer expert by falsely claiming that he has specialized knowledge and job experience so as to be able to convince the judge that he actually knows what he is talking about with some authority, and that he is trying to convince a judge that it is Thomas Retzlaff who is the one behind all of these anonymous email & twitter accounts and that when James McGibney says he knows that it is Retzlaff behind these accounts, that it is “100% VERIFIED.”
He is also clearly attempting to influence the proceedings by falsely claiming to have the IP addresses of these anonymous tweets and email addresses, and by further claiming to being able to trace them back to a specific individual at a specific geographical location.
“Hey BV Files, why is this important” do you say? Well earlier in the hearing, Judge Woodhouse specifically informs Leiderman and McGibney that he is basically a technophobe who knows absolutely nothing about Twitter, has never tweeted, and doesn’t Facebook.
So, again, keep in mind that both Leiderman & McGibney are trying to convince a skeptical and technically illiterate judge that, yes, they know what they are talking about. McGibney feels that this is so important that he – on his own initiative – steps up and starts to speak to the judge and makes a very specific effort to qualify himself as some kind of computer security expert so as to make the judge more willing to buy into what McGibney & Leiderman are saying.
Thus, James McGibney’s testimony was clearly material to the judge’s decision making process in this case. After all, do you think that if McGibney had told the truth and said, “Your honor, I have absolutely no idea who it is that is tweeting this stuff and saying these things. I think it might be Retzlaff, but I have no proof.” would he and Leiderman have gotten the court orders that they did? Would they have been able to get WordPress & Twitter to shut down our accounts without that court order? No, of course not. Because the court was clearly reluctant to act in the absence of evidence.
Thus, James Alexander McGibney is GUILTY of FELONY PERJURY because he is a lying liar who lies under oath before a judge while testifying in open court and he needs to be prosecuted and sent to prison. Seriously.
One other thing we wish to point out, y’all remember back to the police investigation that was conducted by Det. Braxton of the San Jose, CA Police Department into McGibney’s claims of death threats and TRO violations? If the IP address information that McGibney claims that he has is “100% POSITIVE”, why hasn’t Retzlaff been arrested? In fact, why hasn’t he even been questioned by police? After all, you retards are constantly tweeting out what you (it turns out falsely) claim is his home address and IP address and GPS coordinates and TX Voter Registration records, right?
Yet not once have the cops even spoken to him about this in all of the past 8 1/2 months that you people have claimed this stuff has supposedly been going on.
Why is that? Do they not know how to investigate death threats in San Jose? Are the police incompetent there? Or is it more likely that they looked into this and saw what a fame-fagging drama queen McGibney is, saw there was ZERO evidence of anything, and said “case closed – unfounded/no evidence”.
What do you guys think the police reports will show when we post them? El oh el
Now as you all know from watching years of Law & Order on TV, the credibility of the complainant is always vital in the successful prosecution of a case. If the so-called victim is not credible, the case is sunk. In the case at hand, JAMES MCGIBNEY HAS NO CREDIBILITY BECAUSE HE IS A SERIAL RESUME FRAUDSTER AND A LIAR. Seriously.
As our long time readers know by now, we here at the BV Files were the very first to reveal the fact that James McGibney (who we don’t like) has a FAKE college degree. Yes, you heard us right. James McGibney has a totally fake college degree that he bought from Chadwick University, a well-known diploma mill shut down by the state of Alabama in 2007. See the proof here:
For further information about Chadwick “university”, please go here: http://www.tuscaloosanews.com/article/20070211/NEWS/702110399/-1/Category=TL20 and http://en.wikipedia.org/wiki/Lloyd_Clayton,_Jr.#Chadwick_University
Here we can see McGibney proudly displaying his Chadwick University “degrees” to the world at large in a biography written about him by Business Week magazine!
In yet another example of FRAUD, James McGibney (who we don’t like) has made repeated claims in the media and with his employers about having an Executive Education from Harvard Business School. See, e.g, his bio from his former employer Rudolph & Sletten right here:
You can also read a news interview in which McGibney (who we don’t like) makes the same Harvard claim. “James holds a Master’s degree from Boston University and attended Harvard Business School for his executive education.” http://www.thelevityball.com/welcome-to-james-mcgibneyville-show-some-respect-or-else/
However, we have since learned that McGibney’s “Executive Education” consisted only of attending a three-day seminar that is open to the public in which various business big wigs talk about how great they are. Here is what you get for your $8,000 price of admission: A fancy certificate that says Harvard on it!
In yet another example of serial fraud committed by James McGibney, McGibney has now taken to the Twitterverse to defend himself from this allegation of having a FAKE college degree by saying that he actually does have a real 4-year degree from a real school. He claims that he has a Bachelor of Science in Criminal Justice from Colorado Technical University (which is basically an online college with a small physical campus in Colorado Springs, CO. (http://www.coloradotech.edu/)).
The problem for McGibney (who we don’t like) is that he just cannot help himself with his lying lies! Even when he is telling the truth (which he very well maybe here), he just shows what lies his earlier statements were!! Said statements being his claim to having a degree in Micro-Computer Technology from CTC (which is the former name of CTU) which he proudly displays on his corporate CV.
NO, JAMES MCGIBNEY, YOU DO NOT HAVE A DEGREE IN MICRO-COMPUTER TECHNOLOGY! THAT IS A COMPLETE AND UTTER LIE! YOUR DEGREE WAS IN CRIMINAL JUSTICE.
So are you guys getting the picture here? Throughout his history, James McGibney has been falsely attempting to give himself FALSE computer technology credentials, degrees, and job experience he simply does not have.
Again, it is extremely vital that Leiderman & McGibney be able to convince Judge Woodhouse of McGibney’s computer technical expertise. Otherwise, they risked not being able to get the court orders that they wanted.
Hey Mc-Stupid! What do you think Det. Nathan Braxton of the San Jose Police Dept is gonna think once he takes a look at this?
For years James McGibney and his revenge porn / blackmail company ViaView have sought the spotlight. But McGibney needs to remember something very, very important: For a man in his position, the spotlight can turn into an interrogation lamp pretty damn fast!
In the interests of further increasing our lulz, we also wish to include the following tidbits from the hearing which we especially thought were funny as shit.
Oh, and here’s a clue for you retards: Just because you cannot find the person where you expect them to be, does not mean that they are trying to avoid or evade service of process! Your address information might be old. A person could have moved. A person could be living somewhere you just don’t know where they are at because that information is not available. They could be out traveling. Or they could have multiple residences. Or your heroin addled e-Detective is just not up to the task.
Say, did you guys know that McGibney is going to be on the cover of Rolling Stone and have his own TV show? If true, be sure to send them all links to the BV Files and all of the documents we’ve posted on various websites all over the world.
Here we have Leiderman making ridiculous promises he knows damn well he cannot keep – especially once the above information gets into the judge’s hands!
Hey Leiderman! Remember when you told this lie to millions of people?
Keep in mind, too, that the judge acknowledged that even if you were to get a permanent injunction that it would be unenforceable on someone in another state or country. This is especially true when it is quite likely you are dealing with someone who just doesn’t care about stuff like that and who will just ignore it.
Listen, we know you Bullyville retards are going to try to claim that the only way we have this information is because we are Thomas. Seriously? Like just because you have people who send you guys stuff, we also can’t have people that do that for us, too? At various times you clowns have claimed that TR, Neal, Jo Jo, Lane, Lora, Matt and a whole bunch of other folks whose names escape us have run this blog. It seems that your claims as to who the exact owners are change with the passage of time.
But there are a LOT of people in the world who hate you, James McGibney, and who want to see the end of you and your revenge porn / blackmail business.
There is a reason why we have had well over 625,000 total views of the BV Files thus far, and it’s not all from TR or Neal hitting the ‘refresh’ button on their browser 625,000 times. Seriously.