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Old October 27th 08, 09:58 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess,rec.games.chess.computer,misc.legal
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First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Polgar vs. USCF: SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF MOTION FORSUMMARY JUDGMENT

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
_______________________________________
§
SUSAN POLGAR, §
Plaintiff, §
§
v. §
§ Civil Action No. 5:08-CV-169-C
§ ECF
§
UNITED STATES OF AMERICA § SUPPLEMENTAL
CHESS FEDERATION, INC. § AFFIDAVIT IN
and § SUPPORT OF MOTION
BILL GOICHBERG, JIM BERRY, § FOR SUMMARY JUDGMENT
RANDY BAUER, and §
RANDALL HOUGH, all Individually and in their §
Representative Capacities as Members of the §
Executive Board of the United States of §
America Chess Federation; §
BILL HALL, Individually and in his §
Representative Capacity as Executive Director §
of the United States of America Chess §
Federation; §
BRIAN MOTTERSHEAD; §
HAL BOGNER; §
CHESS MAGNET, L.L.C.; §
CONTINENTAL CHESS INCORPORATED; §
JEROME HANKEN; §
BRIAN LAFFERTY; §
SAM SLOAN; §
KARL S. KRONENBERGER; and §
KRONENBERGER BURGOYNE, L.L.P.; §
§
Defendants. §
_________________________________________________§

Sam Sloan,

Defendant-Counter-Claimant
v.
Susan Polgar
Plaintiff-Defendant
Hoainhan “Paul” Truong
Third-Party-Defendant
_________________________________________________

SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Samuel H. Sloan, sued herein as Sam Sloan, being duly sworn, deposes
and says:

1. I make this affidavit in support of a motion previously filed for
summary judgment, in order to inform this court of a new development
in this case.

2. On this past Friday, October 24, 2008, a new legal proceeding was
filed against Susan Polgar in the Superior Court of San Francisco,
California. Knowing that she was scheduled to give a simultaneous
chess exhibition in Fresno California on that same day and in view of
the notorious difficulty in serving her with legal process, a suit was
filed in San Francisco on Friday, October 24, 2008 and then was served
on her in Fresno California, 195 miles away, at 6:59 PM the same day.

3. She was served with a summons just moments before she was about to
make her first move in a chess exhibition. It was done in this way so
that she would not have advance notice and make a run for it before
she could be served.

4. I had nothing to do with this nor did the organizer of the chess
exhibition have anything to do with this. Indeed, the organizer of the
chess exhibition, Allan Fifield, has complained to the USCF Executive
Board that Susan Polgar was “ambushed”.

5. That is exactly what happened, but there were good reasons why this
was necessary.

6. Mr. Allan Fifield writes to the USCF Executive Board:

It is a total disgrace that USCF used an event that I co-sponsored to
ambush a board member. As it appears that this 'ambush' at my event
had been planned for weeks or months, I consider it a personal insult.

Have we been reduced to bootleggers gunning one another down in the
streets?

Allan Fifield

Director
Sequoia Chess for Kids

www.sequoiachess.com

7. Also, Mr. Fifield has posted the following to the USCF Issues
Forum, under the heading “Ambush in Fresno”:

Sun Oct 26, 2008 8:43 pm #116581

It is a total disgrace that USCF used an event that I co-sponsored to
ambush a board member. As it appears that this 'ambush' at my event
had been planned for weeks or months, I consider it a personal insult.

The Fresno Chess Club and the Visalia Chess Club (d.b.a. Sequoia
Chess) devoted considerable time and money to bringing Susan Polgar to
the Central Valley of California to promote chess. Both clubs pay
affiliate dues to the USCF to assist in the promotion of chess.

Susan was scheduled to play a 64 player simultaneous exhibition at
7:00 pm. As Susan entered the hall at 6:59 pm, she was served legal
papers by USCF in the most disgraceful manner. The service papers were
tossed at her and fell to her feet. As with anyone in a similar
situation, Susan was stunned and distracted as she started the event.

8. This new complaint alleges something we have known for the past
year, which is that Susan Polgar and her webmaster Gregory Alexander
have been hacking into the email accounts of other board members. We
have known about this since the “Fake Bill Goichberg” incident of 26
October 2007 in which Gregory Alexander impersonated Bill Goichberg.
Mr. Alexander had done this to prove that somebody other than Paul
Truong and Susan Polgar could have impersonated me by sending out the
so-called “Fake Sam Sloan” postings.

9. I have believed all along that at least a few of the “Fake Sam
Sloan” postings were done by Gregory Alexander, especially since Susan
Polgar has several times provided the alibi of “we were traveling”,
saying that certain Fake Sam Sloan postings could not have been done
by her because she and Paul Truong were up in the air in an airplane
in mid-flight when they occurred. Of course, having an accomplice like
Gregory Alexander would easily solve that problem. This explains one
of the reasons why I named Gregory Alexander as one of the defendants
to the lawsuit I filed in the Southern District of New York.

10. Attached hereto an exhibit is the new complaint filed against
Susan Polgar in the San Francisco Superior Court.

11. Please note that this new complaint alleges CRIMINAL acts by Susan
Polgar. Specifically, it charges her with violations of the Electronic
Communications Privacy Act, 18 USC § 2510 et seq. and 18 USC § 2710 et
seq. and a violation of the Computer Fraud and Abuse Act, 18 USC §
1030. The complaint also charges Susan Polgar and Gregory Alexander
with Computer Fraud under the Comprehensive Computer Data and Access
Act, California Penal Code Section 502 (c) and (e).

12. The complaint demands statutory damages pursuant to 18 USC § 2520
(c)(2)(B) plus one million dollars in punitive damages plus various
injunctive and other relief.

13. In addition, I am informed that at least two attorneys are trying
to interest the US Attorneys in having Miss Polgar prosecuted on
criminal charges. The New York Times has reported that The United
States Secret Service is investigating these cases.

14. If Miss Polgar is prosecuted and convicted of these charges, she
will likely be automatically deported back to Hungary and barred from
re-entry to the United States under the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Pub.L. 104-208, Div. C, 110
Stat. 3009-546 and INA § 212(a)(9)(A)(ii).

15. In addition, my suit filed in the Southern District of New York
charges her with violations of 47 USC §223(h)(1) “Obscene or harassing
telephone calls” by sending over the Internet thousands of obscene
messages likely to be read by children while disguising her identity
by impersonating Plaintiff and other well known chess personalities.
For example, as The Fake Sam Sloan, she stated on the Internet that I
had had sexual intercourse with [########] {name omitted} a prominent
and well known top rated female chess player, aged 17, and a rival of
Susan Polgar. This statement, which was utterly false, as I did not
have sexual relations with that woman, was a violation of that
statute.

16. It is my understanding that Susan Polgar is not a US citizen or,
if she is, she just became a citizen recently. Thus, if these charges
stick, she is likely to be subject to deportation. Apparently, she
decided not to become a citizen because she believed that if she was
not a citizen she would not have to pay taxes.

17. I personally have mixed feelings about this. On the one hand,
Susan Polgar has done good work for chess. One example is the 64 board
simultaneous exhibition she performed this weekend in Fresno where she
was served with the summons and complaint. Also, she did a great job
providing online commentary to Game 9 of the Anand-Kramnik World Chess
Championship match yesterday, which I watched on the Internet. Her
ability to play 64 chess games simultaneously is made possible by the
fact that when she was a tiny little girl, she had to give these
simultaneous chess exhibitions professionally to support her
unemployed parents. In America, her parents would likely have been
arrested for child abuse and exploitation and indeed Susan Polgar
herself told me that the Hungarian Authorities were trying to put her
father in jail for this.

18. On the other hand, Susan Polgar called Woman's Grandmaster and
USCF President Beatriz Marinello a “bulldyke” more than one hundred
times in Internet postings. She has said far worse and unprintable
things about former US Woman's Champion Jennifer Shahade. She has also
often attacked now World Woman's Champion Alexandra Kosteniuk on her
blogspots. I find it difficult to feel any sympathy for Susan Polgar
after she has done these things.

19. In order to be able to file this new complaint, the plaintiffs
first were able to seek authority to serve subpoenas on Google and
Yahoo!. Fortunately for them, both Google and Yahoo! are headquartered
in the San Francisco Bay Area. This gives the San Francisco Superior
Court jurisdiction over this matter. It was known that someone was
breaking into the email accounts of board members and their counsel.
It was not known who exactly it was or how it was done, but Gregory
Alexander was always the leading suspect.

20. They were able to determine that Gregory Alexander and Susan
Polgar had entered into the email account of Randall Hough with Yahoo!
at least 111 times. They also proved that Gregory Alexander was the
“Fake Bill Goichberg” who had posted as Bill Goichberg on October 26,
2007. In addition, they were able to establish that Gregory Alexander
and Susan Polgar have used anonymous remailers such as dizum.com and
bananasplit.info to hide their identities while posting to the
Internet.

21. It has long been suspected that Gregory Alexander has been doing
these things. The difference is that now they have the smoking gun.
Now they have the proof.

22. Since they are very obviously guilty, I am wondering what their
defense will be. Already, this morning, on chessdiscussion.com Susan
Polgar is writing that she barely knows Gregory Alexander and she has
no idea what this is all about. She writes this morning, “This is news
to me too. Gregory has never been my partner is any venture, in chess
or outside of chess. . . . I met Gregory once in Seattle . . . I have
no idea what this is all about. Shocking! Simply shocking!”

http://www.chessdiscussion.com/phpBB...php?f=4&t=1595

23. Funny that the person who has been her webmaster for the past two
years and who was named by her as “Volunteer of the Month” in Chess
Life magazine is a person whom she now says she just barely knows.

24. The next thing we will be hearing from her is that all of the
stolen emails that have appeared in her websites were something she
did not know were there. We have heard this sort of defense before.
For example, for four years from 2001 to 2005 there was a statement on
Paul Truong's AOL profile that Truong has a Ph.D. Degree. Truong now
admits that he has no such degree. As to how this statement was on his
AOL home page for a period of four years, Truong states that a hacker
(such as me) must have put it there and that Truong just failed to
notice it all those years.

25. I have previously filed a motion under Rule 56 of the Federal
Rules of Civil Procedure for summary judgment. I request that this
court take these new masters into consideration in connection with
this motion.


WHEREFORE, for all of the reasons set forth above:

1. This motion for summary judgment should be granted.

2. Susan Polgar and Paul Truong should be removed from the Board of
Directors of the United States of America Chess Federation and should
be forever enjoined from running for the board or serving on the board
again.

3. The election by which Susan Polgar and Paul Truong were elected to
the board should be declared invalid.

4. Damages should be awarded as to be determined by this court.

_______________________
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453-7877

1-917-507-7226
1-917-659-3397


STATE OF NEW YORK )
ss:
COUNTY OF BRONX )
VERIFICATION

1, the undersigned, the petitioner named in the foregoing affidavit,
being duly sworn, says:
I have read the foregoing affidavit subscribed by me and know the
contents thereof and the same is true of my own knowledge, except as
to those matters herein stated to be alleged upon information and
belief and as to those matters I believe it to be true.

__________________________________
Signature of Defendant-Counter-Claimant

On the 27th Day of October, 2008 before me personally came Samuel H.
Sloan to me known to be the person described herein and who executed
the foregoing instrument. Such person duly swore to such instrument
before me and duly acknowledged that he executed the same.


_____________________________
NOTARY PUBLIC
  #2   Report Post  
Old October 27th 08, 10:19 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess,rec.games.chess.computer,misc.legal
external usenet poster
 
First recorded activity by ChessBanter: Oct 2008
Posts: 108
Default Polgar vs. USCF: SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF MOTIONFOR SUMMARY JUDGMENT

samsloan wrote:
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
_______________________________________
§
SUSAN POLGAR, §
Plaintiff, §
§
v. §
§ Civil Action No. 5:08-CV-169-C
§ ECF
§
UNITED STATES OF AMERICA § SUPPLEMENTAL
CHESS FEDERATION, INC. § AFFIDAVIT IN
and § SUPPORT OF MOTION
BILL GOICHBERG, JIM BERRY, § FOR SUMMARY JUDGMENT
RANDY BAUER, and §
RANDALL HOUGH, all Individually and in their §
Representative Capacities as Members of the §
Executive Board of the United States of §
America Chess Federation; §
BILL HALL, Individually and in his §
Representative Capacity as Executive Director §
of the United States of America Chess §
Federation; §
BRIAN MOTTERSHEAD; §
HAL BOGNER; §
CHESS MAGNET, L.L.C.; §
CONTINENTAL CHESS INCORPORATED; §
JEROME HANKEN; §
BRIAN LAFFERTY; §
SAM SLOAN; §
KARL S. KRONENBERGER; and §
KRONENBERGER BURGOYNE, L.L.P.; §
§
Defendants. §
_________________________________________________§

Sam Sloan,

Defendant-Counter-Claimant
v.
Susan Polgar
Plaintiff-Defendant
Hoainhan “Paul” Truong
Third-Party-Defendant
_________________________________________________

SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
Samuel H. Sloan, sued herein as Sam Sloan, being duly sworn, deposes
and says:

1. I make this affidavit in support of a motion previously filed for
summary judgment, in order to inform this court of a new development
in this case.

2. On this past Friday, October 24, 2008, a new legal proceeding was
filed against Susan Polgar in the Superior Court of San Francisco,
California. Knowing that she was scheduled to give a simultaneous
chess exhibition in Fresno California on that same day and in view of
the notorious difficulty in serving her with legal process, a suit was
filed in San Francisco on Friday, October 24, 2008 and then was served
on her in Fresno California, 195 miles away, at 6:59 PM the same day.

3. She was served with a summons just moments before she was about to
make her first move in a chess exhibition. It was done in this way so
that she would not have advance notice and make a run for it before
she could be served.

4. I had nothing to do with this nor did the organizer of the chess
exhibition have anything to do with this. Indeed, the organizer of the
chess exhibition, Allan Fifield, has complained to the USCF Executive
Board that Susan Polgar was “ambushed”.

5. That is exactly what happened, but there were good reasons why this
was necessary.

6. Mr. Allan Fifield writes to the USCF Executive Board:

It is a total disgrace that USCF used an event that I co-sponsored to
ambush a board member. As it appears that this 'ambush' at my event
had been planned for weeks or months, I consider it a personal insult.

Have we been reduced to bootleggers gunning one another down in the
streets?

Allan Fifield

Director
Sequoia Chess for Kids

www.sequoiachess.com

7. Also, Mr. Fifield has posted the following to the USCF Issues
Forum, under the heading “Ambush in Fresno”:

Sun Oct 26, 2008 8:43 pm #116581

It is a total disgrace that USCF used an event that I co-sponsored to
ambush a board member. As it appears that this 'ambush' at my event
had been planned for weeks or months, I consider it a personal insult.

The Fresno Chess Club and the Visalia Chess Club (d.b.a. Sequoia
Chess) devoted considerable time and money to bringing Susan Polgar to
the Central Valley of California to promote chess. Both clubs pay
affiliate dues to the USCF to assist in the promotion of chess.

Susan was scheduled to play a 64 player simultaneous exhibition at
7:00 pm. As Susan entered the hall at 6:59 pm, she was served legal
papers by USCF in the most disgraceful manner. The service papers were
tossed at her and fell to her feet. As with anyone in a similar
situation, Susan was stunned and distracted as she started the event.

8. This new complaint alleges something we have known for the past
year, which is that Susan Polgar and her webmaster Gregory Alexander
have been hacking into the email accounts of other board members. We
have known about this since the “Fake Bill Goichberg” incident of 26
October 2007 in which Gregory Alexander impersonated Bill Goichberg.
Mr. Alexander had done this to prove that somebody other than Paul
Truong and Susan Polgar could have impersonated me by sending out the
so-called “Fake Sam Sloan” postings.

9. I have believed all along that at least a few of the “Fake Sam
Sloan” postings were done by Gregory Alexander, especially since Susan
Polgar has several times provided the alibi of “we were traveling”,
saying that certain Fake Sam Sloan postings could not have been done
by her because she and Paul Truong were up in the air in an airplane
in mid-flight when they occurred. Of course, having an accomplice like
Gregory Alexander would easily solve that problem. This explains one
of the reasons why I named Gregory Alexander as one of the defendants
to the lawsuit I filed in the Southern District of New York.

10. Attached hereto an exhibit is the new complaint filed against
Susan Polgar in the San Francisco Superior Court.

11. Please note that this new complaint alleges CRIMINAL acts by Susan
Polgar. Specifically, it charges her with violations of the Electronic
Communications Privacy Act, 18 USC § 2510 et seq. and 18 USC § 2710 et
seq. and a violation of the Computer Fraud and Abuse Act, 18 USC §
1030. The complaint also charges Susan Polgar and Gregory Alexander
with Computer Fraud under the Comprehensive Computer Data and Access
Act, California Penal Code Section 502 (c) and (e).

12. The complaint demands statutory damages pursuant to 18 USC § 2520
(c)(2)(B) plus one million dollars in punitive damages plus various
injunctive and other relief.

13. In addition, I am informed that at least two attorneys are trying
to interest the US Attorneys in having Miss Polgar prosecuted on
criminal charges. The New York Times has reported that The United
States Secret Service is investigating these cases.

14. If Miss Polgar is prosecuted and convicted of these charges, she
will likely be automatically deported back to Hungary and barred from
re-entry to the United States under the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Pub.L. 104-208, Div. C, 110
Stat. 3009-546 and INA § 212(a)(9)(A)(ii).

15. In addition, my suit filed in the Southern District of New York
charges her with violations of 47 USC §223(h)(1) “Obscene or harassing
telephone calls” by sending over the Internet thousands of obscene
messages likely to be read by children while disguising her identity
by impersonating Plaintiff and other well known chess personalities.
For example, as The Fake Sam Sloan, she stated on the Internet that I
had had sexual intercourse with [########] {name omitted} a prominent
and well known top rated female chess player, aged 17, and a rival of
Susan Polgar. This statement, which was utterly false, as I did not
have sexual relations with that woman, was a violation of that
statute.

16. It is my understanding that Susan Polgar is not a US citizen or,
if she is, she just became a citizen recently. Thus, if these charges
stick, she is likely to be subject to deportation. Apparently, she
decided not to become a citizen because she believed that if she was
not a citizen she would not have to pay taxes.

17. I personally have mixed feelings about this. On the one hand,
Susan Polgar has done good work for chess. One example is the 64 board
simultaneous exhibition she performed this weekend in Fresno where she
was served with the summons and complaint. Also, she did a great job
providing online commentary to Game 9 of the Anand-Kramnik World Chess
Championship match yesterday, which I watched on the Internet. Her
ability to play 64 chess games simultaneously is made possible by the
fact that when she was a tiny little girl, she had to give these
simultaneous chess exhibitions professionally to support her
unemployed parents. In America, her parents would likely have been
arrested for child abuse and exploitation and indeed Susan Polgar
herself told me that the Hungarian Authorities were trying to put her
father in jail for this.

18. On the other hand, Susan Polgar called Woman's Grandmaster and
USCF President Beatriz Marinello a “bulldyke” more than one hundred
times in Internet postings. She has said far worse and unprintable
things about former US Woman's Champion Jennifer Shahade. She has also
often attacked now World Woman's Champion Alexandra Kosteniuk on her
blogspots. I find it difficult to feel any sympathy for Susan Polgar
after she has done these things.

19. In order to be able to file this new complaint, the plaintiffs
first were able to seek authority to serve subpoenas on Google and
Yahoo!. Fortunately for them, both Google and Yahoo! are headquartered
in the San Francisco Bay Area. This gives the San Francisco Superior
Court jurisdiction over this matter. It was known that someone was
breaking into the email accounts of board members and their counsel.
It was not known who exactly it was or how it was done, but Gregory
Alexander was always the leading suspect.

20. They were able to determine that Gregory Alexander and Susan
Polgar had entered into the email account of Randall Hough with Yahoo!
at least 111 times. They also proved that Gregory Alexander was the
“Fake Bill Goichberg” who had posted as Bill Goichberg on October 26,
2007. In addition, they were able to establish that Gregory Alexander
and Susan Polgar have used anonymous remailers such as dizum.com and
bananasplit.info to hide their identities while posting to the
Internet.

21. It has long been suspected that Gregory Alexander has been doing
these things. The difference is that now they have the smoking gun.
Now they have the proof.

22. Since they are very obviously guilty, I am wondering what their
defense will be. Already, this morning, on chessdiscussion.com Susan
Polgar is writing that she barely knows Gregory Alexander and she has
no idea what this is all about. She writes this morning, “This is news
to me too. Gregory has never been my partner is any venture, in chess
or outside of chess. . . . I met Gregory once in Seattle . . . I have
no idea what this is all about. Shocking! Simply shocking!”

http://www.chessdiscussion.com/phpBB...php?f=4&t=1595

23. Funny that the person who has been her webmaster for the past two
years and who was named by her as “Volunteer of the Month” in Chess
Life magazine is a person whom she now says she just barely knows.

24. The next thing we will be hearing from her is that all of the
stolen emails that have appeared in her websites were something she
did not know were there. We have heard this sort of defense before.
For example, for four years from 2001 to 2005 there was a statement on
Paul Truong's AOL profile that Truong has a Ph.D. Degree. Truong now
admits that he has no such degree. As to how this statement was on his
AOL home page for a period of four years, Truong states that a hacker
(such as me) must have put it there and that Truong just failed to
notice it all those years.

25. I have previously filed a motion under Rule 56 of the Federal
Rules of Civil Procedure for summary judgment. I request that this
court take these new masters into consideration in connection with
this motion.


WHEREFORE, for all of the reasons set forth above:

1. This motion for summary judgment should be granted.

2. Susan Polgar and Paul Truong should be removed from the Board of
Directors of the United States of America Chess Federation and should
be forever enjoined from running for the board or serving on the board
again.

3. The election by which Susan Polgar and Paul Truong were elected to
the board should be declared invalid.

4. Damages should be awarded as to be determined by this court.

_______________________
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453-7877

1-917-507-7226
1-917-659-3397


STATE OF NEW YORK )
ss:
COUNTY OF BRONX )
VERIFICATION

1, the undersigned, the petitioner named in the foregoing affidavit,
being duly sworn, says:
I have read the foregoing affidavit subscribed by me and know the
contents thereof and the same is true of my own knowledge, except as
to those matters herein stated to be alleged upon information and
belief and as to those matters I believe it to be true.

__________________________________
Signature of Defendant-Counter-Claimant

On the 27th Day of October, 2008 before me personally came Samuel H.
Sloan to me known to be the person described herein and who executed
the foregoing instrument. Such person duly swore to such instrument
before me and duly acknowledged that he executed the same.


_____________________________
NOTARY PUBLIC


What was the 1;0;1/2 result at the simul??
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