IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY, FLORIDA NO. CL 97 006570 AJ ANTHONY E. PUCILLO Plaintiff, KINDRED SPIRIT PRESS, INC., an unregistered foreign corporation d/b/a U.S. Aviator Magazine Defendant, _________________________/ AMENDED AND SUPPLEMENTARY COMPLAINT PLAINTIFF, ANTHONY E. PUCILLO files herewith his Amended and Supplementary complaint against James Richard Campbell a/k/a/ "Zoom" Campbell, Aero-Media U.S.A., Inc. and Kindred Spirit Press, Inc., and states: 1. This Amended and Supplementary Complaint ("amended" insofar as the same clarifies and adds allegations, and "supplementary" in that it adds allegations and claims based upon related matters occurring or becoming ripe subsequent to the initial pleading in July, 1997) is an action for damages in excess of $15,000, exclusive of costs, interest and attorney's fees. 2. Plaintiff is a resident of Palm Beach County and an attorney duly licensed to practice law in Florida. 3. Defendant, James Richard Campbell (a/k/a/ "Zoom" Campbell) ("Campbell") is sui juris and a resident of Polk County Florida; Defendant Aero-Media U.S.A., (Aero) Inc. is a Florida Corporation created after the filing of this complaint and now claiming to do business as "U.S. Aviator Magazine," as a continuation of the business Enterprise of Campbell, and Kindred Spirit Press, Inc. ("Kindred") is a foreign corporation doing business in Florida, but not registered to do business in Florida. All actions giving rise to Plaintiff's injury herein herein were taken by Campbell personally and on behalf of himself and the aggregate Enterprise. 4. Defendant, James Richard Campbell is and at all pertinent times has been engaged in an enterprise (the "Enterprise"), having permanent existence, employees and identity which included the operations of a publishing business using the trade name "U.S. Aviator" and "U.S. Aviator Magazine" in print, electronic an other media, and which Enterprise was participated in by Defendants Kindred, and, since its formation as a successor and affiliate, Aero. Airedale Press, Inc., though a part of the "Enterprise" during previous foundation periods, is not sued here in that the acts injurious to Plaintiff occurred during a period of dormancy of that entity and/or subsequent to its filing of bankruptcy, and in that any such action for derivative liability for the actions of Campbell or liability as an affiliate would be stayed, if same existed. The Enterprise business included the publishing of magazines and books and other related activities including dissemination of information by electronic and Internet media. The trade name "U.S. Aviator" has been used by all entities, although the same has never been lawfully registered in Florida or elsewhere by them. 5. In conjunction with its enterprise of publishing magazines and books and other activities, Campbell and the Enterprise post and maintain facilities upon the "Internet," an electronic network of computers throughout the United States and internationally, including Palm Beach County. As part of the promotion of its books and magazines and other activities, the Enterprise regularly generates and distributes news bulletins, articles and stories as well as correspondence and informal notices and comments. These activities (other than books and magazines) are not printed but are distributed in electronic format. 6. Kindred, Aero and Campbell have engaged in activities which render them subject to all of the claims of its affiliated organizations and principal (i.e. the entire enterprise) in that: (a) they have shared assets, funds, income, staff, facilities and other tangible and intangible assets as if the same and identical entity and corporation; (b) funds and property have been freely transferred back and forth between the entities and principal such that the interests of the separate entity have been totally subordinated to those of the other entity and principal; (c) the activities, actions and interests of the corporations have been totally subordinated to those of the principal and affiliates; (d) they have been held out as one and the same as and the same business and enterprise as the affiliate and principal to the public; (e) they have received services and funds and assets and disbursed funds and services and assets without distinction between entities; (f) they and their affiliate and principal, James R. Campbell have been engaged together in a common enterprise more specifically described hereinafter, the purposes of which were in part illegal and fraudulent so that the "shield" of corporate identity should be disregarded. James R. Campbell is the sole current owner of Kindred and Aero and is the sole individual linking the Enterprise and whose personal actions, goals and motivations render the corporation subject to those claims. Indeed, all of the actions of Aero and Kindred which render them liable have been taken by and at the express direction of and acting through Campbell, and it is solely his actions, knowledge and intentions which generated this action. 7. This action arose in Palm Beach County in that the actions of the Enterprise and Kindred and Aero have occurred in Palm Beach County as to several Counts hereof, in that: (a) The Enterprise has published and distributed magazines in Palm Beach County; (b) The false, defamatory and libelous statements of the Enterprise have been intentionally published in Palm Beach County; (c) The Enterprise intended to and did cause injury to persons in Palm Beach County through its unlawful and tortious actions; (d) As a foreign corporation, Defendant Kindred has no venue privilege. 8. All prerequisites of every kind to the filing of each claim hereinafter stated have been fulfilled. Count I (Libel and Slander) 9. Plaintiff realleges all of its allegations heretofore stated. 10. Defendants and the Enterprise have, through its principal and President James Richard Campbell, repeatedly published false, defamatory and libelous statements against and about Plaintiff (and indeed against many other innocent victims), which were known to be false when published, were intended to defame, disparage and injure Plaintiff. Defendants' statements included statements which did, and were calculated to, convey unfitness to practice law and conduct inconsistent with those qualities of candor, honesty, integrity and decency essential to the practice of law, including express references to disrepute as an attorney and his casting of disrepute upon the profession based upon falsely-attributed actions and intentions. As such, numerous statements constituted disparagement "per se." In addition, Defendants' statements included assertions of actions and qualities necessarily falsely casting Plaintiff in a negative light and subjecting him to actual injury. 11. More specifically, defamatory statements have occurred in six media: (a) verbal; (b) written communication with private individuals and groups of individuals; (c) electronic posting to the World Wide Web throughout the United States and internationally; (d) by electronic posting in "bulletin board" type newsgroups on the Internet, (e) by printed magazine periodical; and (f) by statements in and to public entities and agencies which were, however, spurious, nonprivileged and false. These false and disparaging statements (each of which is false in toto) included: (a) Verbal: (1) Assertions to numerous individuals including private citizens and Experimental Aircraft Association members and staff, and employees and proprietors of numerous businesses attending an event in and around Oshkosh, Wisconsin in the first week of August, 1997 known as the "EAA Convention" of the Experimental Aviation Association, that Plaintiff: (i) Was "being disbarred;" (ii) That Defendant Campbell was "having [Plaintiff] disbarred." (iii) That Plaintiff's actions were "unethical" and cause for disbarment, and that Plaintiff was "under investigation" by Bar authorities for unethical activities; (iv) That Plaintiff "would be disbarred" and had committed conduct justifying disbarment, which the Florida Bar had "agreed to investigate." (v) That Plaintiff was involved in, associated with, and participated in criminal acts, acts of harrassment and other unlawful actions with one "Happy Miles" or John Anthony Mihaylo, and that, "even as he spoke" said Miles was being arrested for the activities undertaken by Plaintiff and Miles; (vi) That Plaintiff trespassed and had unlawfully distributed 16 copies of a civil complaint in an EAA building, had "papered the Fly-in" with such documents; (vii) That Plaintiff was "harrassing" Campbell's advertisers; (viii) That Plaintiff was associating with "a killer and with "terrorists;" (ix) That Plaintiff was a "disreputable" lawyer or poor reputation and standing in the legal community, had been subjected to discipline for unethical activities; (x) That Campbell's attorneys had reviewed the facts of Plaintiff's actions and concluded that Plaintiff's activities were unethical and merited discipline including disbarment. (2) at other times and places and to other individuals, including: (i) Persons and times unknown and subject to discovery; (ii) Mary Cruse and family, mother of a client of Plaintiff, by telephone messages in and around September, 1997, including the statements that: "I am at a loss as to why you folks have been financing attempts to destroy my life.... ...the fact that you folks and your money is being used to destroy my life and everything that I stand for really bothers me.... You've hired a guy, your money has hired that's attacked every segment of my life in ways that you won't believe and in ways that may be beyond the law. I'm fighting it. I'm doing my best. But you're financing it, aren't you proud. I wish you'd just stop trying to destroy my life." 9/24/97 "...your daughter has hired an attorney that has been harrassing my advertisers and is making my life a holy living Hell. And he frankly cost me a lot of money in the last month defending against your nonsense." (b) Written statement privately made to individuals, some unknown and subject to further discovery, but including, to the individual and family mentioned in (a)(2) (ii) above, on 9/26/97 the written allegations that: "...Vicki has hired an attorney who has systematically harassed my advertisers, myself, my friends, and tried everything he can do to shut down my magazine. He has done so through lies, rumor, innnendo and a great amount of conduct that I find unethical...which explains why the Florida Bar has agreed to investigate this person. .... It is your daughter he is using as an excuse to carry on this vendetta. Are you proud of this?.... In the last month alone, Vicki's lawyer has cost me nearly $4000 in legal expenses, he has posted over 350 defamatory messages to the internet in just the last few months, and ... accompanied yet another [manufacturer] around Oshkosh while they personally harassed my adversisers and distributed defamatory documents to many... ... I have had good and lasting advertiser relationships jurt by this person (some expressed fear of him) and he has distributed fax documents to my advertisers that they believe are orders from him to pay him for their ads, rather than me, based on what appears to be legal misrepresentation! Is this what you brought up your family to stand for? Lord, I hope not....there is a huge countersuit in the works .... ...she is responsible for ...actions she instigates by hiring counsel to try and destroy my business.... ...I strongly advise you as a family to quit financing the terrorism and attempted destruction of my life, my staff and my magazine. ....your daughter and your money are doing their utmost to make my life a living hell.... (c) Electronic posting to the World Wide Web at the Internet "Web" pages associated with the domain known as "us-aviator.com" and affiliated domains. (d) Electronic messages to individuals including Vicki Cruse (a client of Plaintiff) and Chuck Slusarczyk, an individual, and others unknown. Examples of statements published, posted and distributed by email include the following verbatime excerpt: [Each statement in bold-faced type is false, disparaging and either defamatory per se or in the context of other facts known to readers, if not fully obvioius in the extract.] 3/27/97 (Web page) One other name keeps popping up as a complainant/harasser and we strongly feel we need to set the record straight--right now. This person seems intent on creating harm for US Aviator and has engaged in a significant campaign of harassment and threats. ... he does so under his own name (so far as we know). He may seem vicious and certainly does not know what he is talking about.... [Reference to Plaintiff clear from other posts] 6/7/97 (Web page; reference to Plaintiff clear from other posts) These folks (those engaged in the harassment campaign) are some nasty customers and one, in particular, is reportedly quite dangerous..... Suffice it to say that some real miscreants are soon to get their comeuppance... and the process is going to be VERY Interesting. .... ...as we began to deal with recovering from the personal and professional damage done by a small group of hoodlums who would dictate to you what you can and can not be told by shutting down this magazine. .... ... we have had a lasting and positive effect... no matter what a small group of malevolent weirdos might suggest. 6/10/97 (Web page and newsgroup post) I am amazed at the false and errant information that has been posted.... .... the ever errant Mr. Beckett/Pucillo, et al, do not know what they are talking about.... ....I have attempted to be civil...and am treated with derision and vicious comment... .....I beleive that the complainant's spouse even told Mr. Pucillo to quit calling them. Why don't we cut to the chase... Pucillo is very good at being insulting, invasive and nasty... .... why does Pucillo, an attorney, find it necessary to defame me in the conversations here and in those has has allegedly had with the complainants... it does not sound like he is successfully and dispassionately trying to remain objective and helpful about this situation. I find it a questionable practice... and potentially unethical and/or actionable. 6/12/97 (newsgroup post) Please be advised that we received the following communication.... .... If Mr. Pucillo still wants to sue us for such, we stand ready to do what we have to.... .... We are very curious as to what Pucillo is up to with all this... especially since this message comes within hours of our resuming the publishing of US Aviator. .... Check this letter out, folks... it's very interesting that it comes from a guy who has drug us through more mud than a tractor pull (IMO)... Oh yeah... God Bless America... (grin) 6/13/97 (Newsgroup post) ....I find the situation that I has been reported to me to be very questionable behavior and a possible blight upon a profession (Attorneys/Lawyers) that does not need any more such black eyes. 6/14/97 (Web page and newsgroup post) I regret to tell you that US Aviator has been threatened with a lawsuit by an attorney from South Florida. Anthony E Pucillo, a "member in good standing"of the Florida Bar sent me an Express Mail packet today in response to my comments about his unceasing attacks on my magazine, my life, my reporting and most important, a current investigation into a series of complaints involving CGS Aviation. ... how best to deal with this bizarre dilemma. .... For the last few months, I have watched Mr. Pucillo pick apart nearly every aspect of my life, make what I consider to be insulting and/or erroneous commentary and announce that he was undertaking an investigation into my background on behalf of no one but himself; ostensibly because he wanted to check into whether or not what we were printing in USA was the truth. .... I had a hard time understanding what was going on because Pucillo's comments sure seemed vicious and/or libelous and designed to cause harm to myself and/or my efforts on behalf of US Aviator..... Much of his information seems quite false-- the rest just seems weird, invasive, reaching and of nebulous value. I can tell you that he seems to be laboring under quite a few misconceptions. ...it was reported to me, in a taped interview, that Pucillo made negative statements about my mental well-being and appeared to be trying to get the complainant to avoid talking to US Aviator. .... Finally... Pucillo is apparently threatening me with legal action over OPINIONS I rendered over his (and other's) comments... comments that were, in part, false and/or misleading. Mind you... I never attacked this guy... I responded to his attacks. I am trying to defend myself. However... since he has a law degree and does not have to pay for legal counsel, it's obvious that he can do us some harm, since we do not have that benefit... and he apparently threatens this within hours of our sending the new generation of US Aviator magazine to the printer. The timing is "interesting". 7/17/97 (Web page) My staff, family, friends and even our readers continue to be harassed, threatened, and otherwise victimized by those who would destroy us. .... Further; a few of the people who claim they have no axe to grind as they make defamatory statements about us actually appear to have relationships with those that have received less than favorable editorial coverage in US Aviator.... .... ...it is going to survive, come hell, high water, harassment or threat by persons without morals or ethics. 7/22/97 (To Chuck Slusarczyk, businessman) Chuck... it is a travesty of the highest order that a man who has been victimized for whatever reason, sound or otherwise, should continue to be victimized by the threats of Pucillo. .... This IS America... and the treatment this man is receiving reflects poorly on you, on our industry, and on the legal profession (the public's perception of lawyers as paid bullies is not being disrupted, IMO, by Pucillo's actions). .... ...call off the Pitbulls before this situation gets totally out of hand. It is the opinion of several lawyers and persons with legal educations that this course of action is unprofessional and not legal... that the comments and complaints this man has, and our reporting of same, is constitutionally protected speech, and unless you want to reinstate the Gulag, you have no right to victimize this man as you have. .... ....picking on a guy who trusted you and beleived in you and then threatening him through Pucillo is cheap, vicious, nasty and beneath contempt. 7/23/97 (Web page and Newsgroup post) We did shut down Airedale Press, Inc. because of the damage done it by a small group of hoodlums who broke a number of laws in order to try and shut it down. Airedale has been threatened again and again by a number of entities and the decision was made, in order to protect subscribers and legitimate creditors, to liquidate. Further; Airedale's damages from outside interfence and harassment are being assessed.... .... ... Mr. Pucillo, who was sent a refund several weeks ago. It is obvious that this news is being used to further harm and interfere in the operation and future of US Aviator. I advise those of you who issued threats or made libelous or defamatory statements without proper knowledge of what has occured to cease and desist immediately. No one has called here to verify what has happened, no one has attempted to get the full facts of the matter and the malice expressed in a number of posts is actionable. .... I continue to be alarmed with the statements made by Anthony E Pucillo. He has made many false statements, has acted so without getting the facts from us and seems intent on acting in a way that would further harm what US Aviator is trying to do. I do not consider his statements, actions, and interference the acts that a responsible and ethical practitioner should be conducing and counsel agrees. We have been advised that a complaint to the Florida Bar is warranted and one has been filed. We are not the only one to do so. .... the bizarre threats and character assassination seen here does not dissuade me... it just proves that there are some very sick people out there. 7/22-23/97 (another Web page post, extended revision) We did shut down Airedale Press, Inc., which had been the publishing vehicle for USA for a number of years, because of the damage done it by a small group of hoodlums who broke a number of laws in order to try and shut it down and continued to threaten on a seemingly daily basis. Airedale has been threatened again and again by a number of entities... .... ...an attorney by the name of Anthony E Pucillo, who was sent a refund several weeks ago after he published dozens of messages that seemed to attack every facet of our business (as well as my personal life)... and after a series of threats to one of our readers and to ourselves. It is obvious that this news is being used to further harm and interfere in the operation and future of US Aviator. I advise those that issued threats or made libelous or defamatory statements without proper knowledge of what has occurred to cease and desist immediately. .......shut up and see what really happens rather than listen or act in concert with those who seem to have one thing in mind... to destroy US Aviator. .... I continue to be alarmed with the statements made by Anthony E Pucillo. This attorney has made many false statements, has acted so without getting the facts from us and seems intent on acting in a way that would further harm what US Aviator is trying to do. A recent note to us literally demanded actions that would have shut us down and resulted in the termination of publication of this magazine. Pucillo still continues to threaten a reader who contacted us over a complaint against CGS Aviation and he still threatens us regularly. I do not consider his statements, actions, and interference, the kind of acts that a responsible and ethical legal practitioner should be conducting and our counsel agrees (as do MANY others). We have been advised that a complaint to the Florida Bar is warranted and one has been filed. We are not the only one to do so. .... Pucillo also stated that I had not sent out our subscription copies... when he must surely know by now that this is wholly untrue. I am amazed that there are people sick enough to demand the death of another and people stupid enough to accuse others of crimes without proof... especially when I know such statements are TOTALLY untrue. .... ... there has been a significant escalation in the harassment of this magazine since it became evident that our harassers had not killed us off. The lies that have been told about us have been unbelievable. Add to that the threat posed by one attorney who has threatened a reader for his complaint to us and reportedly continues to threaten same if this person does not disclose everything said to me as well as the continuing threats he has made to me, and other factors, and you have a situation that seems stark raving mad. The real problem with these people is that we did not fold our tents and go away... we survived... and they don't like it. They're really mad... I've been threatened more ways than you can know and the threats have escalated within the past few weeks. The situation is SICK... 7/24/97 (Newsgroup post) You've got Pucillo sending me vicious sickening messages telling me how all my employees have left me (Hmmm... they have another view of the matter especially around pay-day), that I'm psychological unsound (now, he's apparently a shrink as well as a Lawyer...), and bragging about all the people he's gotten nasty data from ... ex-employees (name an employer that doesn't have a few of those he wishes he didn't have...I'm no exception), ex-lovers, you name it. What's next? A real-live pissing contest? Do we want to get into my sex life, too? .... And what of the great mediator's claim that I blew his deal with CGS's disgruntled customer... you know the "deal"... the one that the customer says NEVER TOOK PLACE. And what of the fact this wonderful mediator now announces that he wants to sue me for my opinions... for talking to and reporting on the comments of this apparently unhappy customer, and for countering the errant claims of the great Pucillo... and if that isn't enough, he wants to sue the alleged VICTIM of all this. Wonderful country, this Pucillo's America... It makes you proud of the legal profession, doesn't it? And of course, if I get sick of it all and protest in any way... I'm the one "attacking" aren't I? Don't confuse "defense" with "attack"... one is a response, the other is a provocation. 8/7/97 (Web page) ....it is obvious that there are some people who STILL seem quite intent on destroying this magazine... Pucillo is a lawyer that has been threatening to sue us see our previous notice about this guy for some time after we took exception to his attacks against us on the Internet... especially after we looked into a complaint against CGS Aviation (which he seems to be going out of his way to defend .... ...US Aviator was under increasing attack by Pucillo and the complaining customer was THREATENED with legal action, himself, repeatedly, by Pucillo... who has occasionally tried to style himself as some kind of consumer advocate.... ... why would he threaten a victim of such a mess if his intentions are such? However; it is not unknown for members of the legal profession to attack the victims of a situation under dispute in order to confuse to dispel a claim. Further; one must note that Pucillo has apparently been seen in the company of Happy Miles and acting, to some extent, on behalf of Chuck Slusarczyk of CGS Aviation... two entities that have been the cause of many consumer complaints (both to US Aviator and to EAA, as well) and the alleged cause of some severe misery for pilots like you and I. I question such efforts and must surmise that Pucillo seems to enjoy the company of persons who seek to harm US Aviator. That seems pretty questionable to me. The harassment of US Aviator continues and is escalating to dangerous levels. Adventure Air's Happy Miles has apparently been making the rounds of US Aviator advertisers in the company of a fellow named Anthony Pucillo and making false and/or negative comments about our magazine. Obviously; the intentions involved in this direct interference in our business and the attendant attempt to kill off this magazine are not a good thing. .... Pucillo is rumored to have taken some actions against us. If they are the actions we have been led to believe, they are based on lies, false assumptions and totally untrue statements... however, Pucillo is a lawyer... and does not have to pay a guy hundreds of dollars per hour to deal with this... and we do. He can wear us down, he can make us spend a lot of money, he can hurt us and he can make it impossible to do business... even if he is acting totally outside the law. Consultation with several lawyers or legal experts indicate that Pucillo is, at the very least, on shaky ground... but he can do a lot of damage if he continues. .... Pucillo's actions CAN kill this magazine that YOU want... and totally subvert YOUR concerns and desires... it must take an immense ego and some pretty sick feelings to act this way, but this is what seems to be happening..... ...but we are VERY concerned at the continued escalation in the threats to our business, the direct and open harassment of our magazine, and what may come next. My staffers are getting scared... and so am I... and I admit it. When someone seems to want you hurt , silenced, or curtailed this badly, one must naturally wonder to what extent they might go to seek such ends. .... ....Jim "Zoom" Campbell (star of stage, screen, and the occasional weirdo's hit list 8/16/97 (To Vicki Cruse) Today, Anthony E Pucillo claimed to be representing you... this after he sent an actionable fax to all our advertisers and after harassing several of them at Oshkosh, and after numerous other questionable and potentially unethical actions. This man is under investigation by the Florida Bar and a number of complaints have been lodged against him. I can prove this. Is he really representing you? I hope this is not true. You have far more to lose than I... FAR, FAR, More... and I have never publicly made the slightest negative reference to you or about you... and if the previous is true, it would be an example of extremely low-class (your Father's term for it...) action .... 8/17/97 (Vicki Cruse, client) The people who love you are scratching their heads at the possibility that you may have joined forces with Pucillo in his apparent crusade to destroy USA,... and me. 8/20/97 (mail list distribution to all subscribers in aviation group) Pucillo... is the subject of complaints with the Florida Bar and counsel indicates his actions may not be ethical or proper... we'll let that investigation continue before commenting further.. 8/27/97 (To Chuck Slusarczyk, businessman) This is the same guy your buddy has threatened on several occasions. Great... you're a peach, Chuck. Rip off your customers and get someone else to threaten them? 8/28/97 (Vicki Cruse, client) This message also urges the team to contact your Attorney, Pucillo. CUT THIS CRAP OUT. It is totally false, totally actionable and totally sick. You and your buddies have DEMONSTRATED more vengeful sickness in the last few weeks than I am alleged to have demonstrated over a far longer period. You people are trying to destroy things that I have created. .... ...your own attorney is telling MY advertisers to stop payment on checks written to my company... and even telling this to advertisers who had nothing to do with the Airedale days. Vicki... you can get your ass sued off for this and you are too good a target... no matter what you think. Seriously; you are liable for the damage your attorney creates... you hired him, you are directing him. 8/28/97 (Vicki Cruse, client) ...I suggest you name a proper third party, NOT Pucillo (whom I think might get disbarred over his behavior... even other attorneys are calling HIM NUTS... and that is the truth... some of them used to be your friends), and we need to discuss a way to stop this stuff before you lose your ass... 8/28/97 (Newsgroup post) .... Tony P is not an expert on anything of the kind and has made numerous statements that are false and that he can not back up (still trying to tell some of my readers that I took a 50,000 dollar check from some drug runner, Tony? PRODUCE SOME EVIDENCE, and quit making statements that have NO basis in fact and there are some feds who tell me that other of your attacks are incorrect). Also Tony... we've had a number of reports from advertisers telling us that you have contacted them and even told some to NOT pay their current ad bills... you need to quit interfering in this business. I consider these tactics to be highly questionable... as do others... some of them practice law. Tony... I can't remember when I've encountered such a blatantly offensive sort... but you do take the cake (IMO). .... Finally, before some other errant person publishes a so-called transcript of whatever event... understand this... that hearing was TAPED and two attorneys who were there who did not hear what you reported. Think about the legal repercussions of that... 9/10/97 (Vicki Cruse, client) While you are still hell-bent on your campaign to destroy me and US Aviator, it still behooves me to note that that your counsel is harassing our advertisers and friends... and that those who know he represents you are expressing an overtly negative opinion of such tactics--and you. Youy are liable for the immense damage this man is doing... and I wonder if you really know how costly that is likely to be. 9/27/97 (Vicki Cruse, client) I understand that you're now sending my personal letters to Pucillo...you haven't figured out what a disreputable jerk this guy is yet? Ask him why he has threatened a 69 year old man who was victimized by CGS??? Or... why he's spoken in favor of Happy Miles when Happy's many frauds appear to have contributed to the death of an innocent man? Don't beleive me... beleive the NTSB and the evidence. 11/13/97 (Web page) Is it perfectly alright for Tony Pucillo to threaten George Conn with legal action for talkng to me and not revealing same to him? .... " Oh yeah... while we keep hearing the word "unethical" bandied about, tell me, do you think it is unethical for an attorney to make a statement that is false (i.e. anybody seen Jim Carrey in "Liar, Liar")? 1/98 Periodical/Web page "On the legal front, the Pucillo lawsuit continues, .... Regarding the complaint filed against Mr. Pucillo with the organization which oversees lawyer conduct, The Florida Bar has decided that Pucillo's actions don't specifically breach the Rules Regulating the Florida Bar.... The Florida Bar did indicate the matter was unusual and suggested the courts as a more proper venue to address Mr. Pucillo's actions. In the meantime, Pucillo's harassment, many published "errors in fact", and abusive conduct toward USA continues .... In my opinion, Mr. Pucillo's actions do not credit the legal profession.... (d)(2) Further, as more specifically alleged in Count II, Defendant Campbell did on May 2, 1997 by electronic access, claim to be Plaintiff for the purpose of opening an Internet account, which account was used to send obscene and illegal threateining messages to individuals including Vicki Cruse, a client of Plaintiff and Al Staats, a friend of Plaintiff and former employee of Defendant, and to post on a Usenet newsgroup the obscene and vicious and illegal threat to assassinate the president of the United States, Bill Clinton. (e) Finally, in the publication calling itself "U.S. Aviator Magazine" issued by Campbell (under the name of a nonexistent company, Aero-Media, Inc., then under the name of Aero, Campbell issued the falsehoods more specifically shown in the attached Exhibit A, which is a copy of pages of the issues denominated "August/September," "December/January"(cover date) or "November/December" (inside page date) and "February/March. The dates and page numbers are as shown, and the defamatory matter which is alleged to pertain to Plaintiff (or is directed to Plaintiff by innuendo and ongoing discourse and recognized by a reasonable, informed reader) and is false and defamatory as so directed is underlined and clearly marked as such. As to these defamatory statements, notice has been given in accordance with Sec. 770.01 F.S., a copy of which is attached hereto as part of Exhibit A, and which was delivered to Defendants on or about February 9, 1998, in excess of five days prior to the effective date of this Amended and Supplementary Complaint. (f) By nonprivileged statements and allegations made in public proceedings but not privileged as relevant testimony or otherwise, including assertions that: (i) Plaintiff had "papered the Fly-in" of the EAA convention with disparaging documents against Defendants; that Plaintiff was engaged in a "vendetta" against Defendants; that Plaintiff was guilty of unethical behavior and the subject of a Bar investigation (all statements made spontaneously, not in response to inquiry or relevant to proceedings, and made intentionally for no purpose other than disparagement, in a public meeting in the Bankruptcy Court for the Middle District of Florida on August 15, 1997); (ii) That Plaintiff had "harrassed" Defendant Campbell and others affiliated with him, had posted several hundred "defamatory" messages against him on the Internet, had engaged in an improper conflict of interest by suing a company while representing its principal (and expressly misrepresenting both the status of the company and issues) and numerous other and related impertinent and disparaging statements, in various filings of documents and papers with the Florida Bar, none of which is privileged by reason of Florida Law which expressly recognizes the privilege of suit upon false disparagement for the spurious filing of a frivolous Bar grievance. [Filings by Defendant with the BAR are so voluminous and impertinent that attachment would be inappropriate, but the same are in the possession of Defendant and known to Defendant.] 11. These statements were at all times false and known to be false when made, were published with actual malice and purposeful intent to injure and defame and in pursuance of a willful program of intimidation, threat and extortion as more particularly set forth hereinafter, were entirely without privilege of any kind and distributed to the maximum extent possible in such fashion as to do maximum injury to Plaintiff. 12. These statements are of a continuing nature in many instances, in that they are either continuously posted and accessible to the public or contained in written and printed format and distributed to thousands of persons and institutions all over the United States, and the resulting damage and injury continues. 13. Plaintiff has been both specially and generally damaged (i.e.in his reputation and stature, as well as in his actual livelihood and otherwise) by Defendant's behavior and has declined employment and association by reason of these falsehoods and attacks and has been deprived of revenues and professional benefits by reason of these actions. Plaintiff has endured emotional trauma and injury and public ignominy and contempt by reason of the false and malicious actions of Defendant and the Enterprise. 13. Defendants' statements were statements of fact or implied fact, and were not statements of protected privilege. Insofar as any objected-to statements included opinion, it was opinion stated so as to imply knowledge of and a foundation of fact known to the maker, when such foundation of fact was nonexistent. Hence, any such included opinion constituted a "mixed statement of fact and opinion" so as to be actionable. 14. Defendant corporations are culpable and subject to vicarious liability for all damages including punitive damages (if and when the same may be pleaded) in that: (a) The sole principal and their employee and agent, Campbell has a known history and chronic pattern of mental illness, known to Defendant Corporations, and to have a history of chronic lying and pathological prevarication and malicious behavior directed at others including false police and criminal reports, frivolous threats of litigation, intentionallies and defamation, distorted perceptions of a paranoid-like character (including claims of threats and attacks and conspiracies and similar distorted perceptions) but has disregarded these propensities in the conduct of its business and the enterprise so as to maximize its profits and attention through sensationalism and controversy. Defendant has also afforded Campbell the means, methods and credibility to inflict such damage and injury and increased his stature by its association so as to enhance and increase the injury sustained; (b) Defendants and the Enterprise have engaged in the business of sensationalism and controversy by actively seeking to generate publicity and attention, and hence profit, by such attacks. In conjunction with this business, it has been a regular policy of the Enterprise and Defendant to distort and willfully misrepresent the intentions, actions and honesty of many individuals and businesses, and to frighten and intimidate other businesses for purposes of inducing them to advertise and otherwise curry favor with Campbell so as to avoid similar attacks and misrepresentation directed against them; (c) The Corporate Defendants are accordingly "at fault" for the actions of its employee and officer (who is also sole principal, a high-level management employee and in control of all editorial decisionmaking). Wherefore, Plaintiff demands judgment for damages and costs in excess of $15,000 and prays for leave to plead and prove punitive damages upon showing record proof of the pleaded actions and motives. COUNT II (CIVIL RICO: F.S. SEC. 772.104 et. seq.) 15. Plaintiff realleges all of its previous allegations. 16. Defendants (in conjunction with Campbell and affiliates) are an "Enterprise" within the meaning of Section 770.102, Florida Statutes, in that: (a) Defendants are a participant in a publishing business having past and present employees and independent contractors, with a continuing existence and affiliation and indeed indentification. (b) Defendants in affiliation with Campbell have carried on a "pattern of criminal activity" consisting of no less than two criminal acts within the requisite period of five years between any two such acts, linked together by common goals, means and methods and for the benefit of the ongoing business enterprise. The Enterprise existed for the purpose of profit and engaged in the described criminal activities in conjunction with its ongoing pursuit of profit and carried on substantial overt and coordinated acts in pursuance of such activities and goals. (c) These criminal activities included, but were not limited to, no less than two each of the following qualifying criminal acts as set forth in Florida Statutes Section 772.102: [FOUNDATION ACTIVITIES (previous qualifying criminal activity rendering Defendants an "Enterprise" within State Civil RICO] (i) "Extortion" as defined in Section 836.05, by demanding both expressly and impoliedly the payment of funds or services from individuals and businesses in order to induce the Enterprise to refrain from the publication of disparaging information, including false and libelous disparaging information, and to refrain from "destroying," "ruining" or "driving [victims] out of the aviation business" or to refrain from causing individuals to "never work in this industry again." Such threats and demands were made with the express and criminal intention that victims would take actions financially beneficial to the Enterprise including payment of sums, contracting for or renewing advertising contracts, withholding from others including new employers and other innocent consumers and victims the truth about the business activities and illegal and malicious actions of the Enterprise or the history and background of Campbell and similar demands. These offenses occurred during 1993, 1994, 1995, 1996 and 1997 and the victims were former advertisers, employees, aviation businesses and others, in an ongoing and chronic pattern of threat and intimidation, and further included threats to falsely disparage and cast into false disrepute independent businesses and persons failing to accede to demands of Campbell as to issues as mundane as Internet access, crediting or payment of funds demanded, granting of concessions of various kinds and extensions of credit. (ii) Fraudulent practices and fraud, within Chapter 817, including: Advertising fraud and fraud against actual and potential advertisers, in that over a period of years, the circulation of the magazine was willfully overstated by 100% or more to induce advertisers to enter into advertising contracts (during 1993,4,5,6 and 7, victims including all advertisers of the magazine, whether aware or unaware of the fraud); Advertising fraud in taking funds and entering into contracts with advertisers for issues and publications which there was no intention or abiilty to publish, nor to publish in the time frame promised (during 1996 and 1997, victims including advertisers of publications of the Enterprise for publications not issued, purchasers of same and subscribers to the periodical); Fraud against subscribers by falsely and with intent not to perform offering subscriptions and extensions of subscriptions, accepting subscriptions and claiming that magazines were being published immediately or shortly when in fact there was neither intention nor ability to do so. This fraud included the actual institution of a "subscription renewal program" and offering of "specials" at a time when Campbell knew the magazine was not capable of and he did not intend to distribute future issues. Further, this fraud included the sale of subscriptions of "US Aviator" magazine when Campbell knew that the entity owning same had filed a liquidation bankruptcy and neither he nor other affiliates owned same or the right to same). (During August, 1996 through this date; victims, subscribers and those renewing); Falsely and grossly overstating and exaggerating the credentials and experience of the principal and the business practices and truthfulness of the publications, including such falsehoods as claiming to have many thousands of hours of flying experience, thousands of parachute jumps, EMT training, flying experience in Ethiopia and other exotic locations, having worked for substantial periods as a corporate or commercial pilot and helicopter pilot, being qualified to fly Boeing 747 transport jet aircraft and similar aircraft, having performed aerobatic activities in aircraft neither capable of same nor having in fact attempted same, falsely stating both the foundation research, truthfulness and motivations of the Enterprise in the reviews and descriptions of products and aircraft and even falsehoods about having children, a former spouse who died tragically and other "dramatic" fabrications to provide senationalism and sell magazines and merchandise on false pretenses, for profit. (During 1993, 1994, 1995, 1996 and 1997, victims were purchasers and subscribers.) Holding himself and the publication out (including an express, but utterly false "code of conduct" and "pledges," as an unbiased, supremely objective arbitrer of the merit of experimental and general aviation merchandise and services, of impeccable integrity and uninfluenced by advertising, personal bias and other constraints, when in fact judgments, characterizations and editorial treatment were influenced by mercenary motives, personal malice and revenge, and when in fact the principal, Campbell had a history of chronic mental illness, pathological lying and related mental disorders utterly disqualifying him from any objective judgment or role as arbiter (1993-7, victims are subscribers and readers, purchasers and merchants or manufacturers of goods, and advertisers); Falsely claiming to be the victim of dozens of anonymous or pseudonymous death threats against officers and staff as the result of supposed pro-aviation consumer activities, implying and claiming that the same came from a conspiracy of aviation businesses which had "taken over" the aviation industry and which desired to eliminate this individual because of his great and exaggerated value to the aviation consumer and others, and attempting to exploit such fabrications for profit and sensation (1993-1997, victims are employees and subscribers and contributors and supporters); Falsely soliciting funds to be used in the defense of such threats of violence and illegal or criminal actions and accepting such funds but neither segregating or accounting for same as required by Florida law nor applying such funds as represented (1996 and 1997, victims are contributors and subscribers deterred from acting to enforce subscription contracts breached); Stock frauds consisting of misrepresentation and false inducement, advertising of investment opportunity and the receipt of funds and other considerations on false pretenses (1992 and 1993, victims were minority shareholders purchasing stock); The fraudulent transfer of assets of Defendant and affilated entities so as to defraud creditors; Contracting with suppliers, printers, writers and others with no actual present intent or ability to perform the contracts by paying for the services and goods, but instead fleecing a series of innocent businesses out of funds in excess of $250,000 by deliberately and falsely promising such payments, and chronically, falsely denying the ordering and receipt of merchandise and services, so as to avoid or delay payment same (During 1993,4,5,6 and 7, victims are suppliers and sellers of goods and those who extended credit); (iii) Stock frauds within the meaning of Chapter 517, Florida Statutes, as heretofore stated; (iv) Theft and related crimes (Chapter 812) and insurance fraud by making claims against persons and insurers for goods supposedly stolen which were in fact merely concealed (these included claims for false theft of goods from an airplane and an office, 1992-5, victims were insurer and party reimbursing theft); (v) Forgery, false swearing and uttering false instruments by the filing of false affidavits and other instruments under oath and the fabrication of evidentiary documents for presentation in a judicial proceeding within Chapters 831 and 837, Florida Statutes (1993, 1994 and 1997, victims were parties to judicial proceedings); (vi) Violation of Chapter 787, Florida Statutes by the unlawful carrying of a concealed weapon repeatedly (1997 and previously); (vii) Repeatedly filing false and fraudulent police and criminal reports, including missing persons reports, report of a kidnapping, false reports of death threats received and other crimies, false claims of crminal conduct by innocent individuals and other violations of law relating to fabricating evidence within Section 918.13 (1992, 1993, 1994, 1995, 1996, 1997, victims are former business associates, employees, former advertisers, subjects of articles, ex- fiance, individuals with whom personal disputes existed); (viii) Violations of Chapter 784, Florida Statutes (assault and battery) by deliberate and intentional stalking including the actual physical proximity and seeking out, harrassing messages and threats, false pretenses and fraud to learn the whereabouts of individuals including false reports to credit card companies and other businesses and police departments, false reports of missing persons and kidnapping, telephone messages and threats and related harrassment including hundreds of messages; violations of that chapter by messages containing threats of violence and physical injury and death. (1993-4 and 1996-7; victims were ex-fiance and ex-wife) (ix) Mail fraud and crimes included within the Federal RICO statute [18 U.S.C. Sec. 1961 (1)] including but not limited to mail fraud in that solicitations for subscriptions, sales and advertising, as well as other frauds used the instrumentalities of interstate commerce including the U.S. Mail [as previously alleged]; [Actions to the detriment and damage of Plaintiff] 17. Initially, Plaintiff is associated (by Defendant Campbell, if not otherwise) with other victims of fraud, extortion and other"foundation crimes" as alleged above, in that Plaintiff has befriended, attempted to assist, shared information or otherwisebecome identified with same. 18. Defendants' actions toward Plaintiff were taken as a continuing part of his actions in retaliation and punishment againstvictims of actual extortion, stalking and other criminal actions, so as to "indirectly" punish such victims by depriving them of theassistance of Plaintiff and discourage Plaintiff from rendering such assistance (these victims including the former spouse ofDefendant Campbell). Defendants have also, by the conduct anbd statements of Campbell, demanded that Plaintiff ceaselawful and Constitutionally-protected activities including the compiling of public record information regarding Campbell, theconveying of truthful information regarding his activities and history to other victims, and threatened retaliation. The activities complained of here were the fulfillment of such retaliatory threats against Plaintiff and others, as well as independently criminal acts. 19. Defendants' actions against Plaintiff are also a mere continuation and part of the various frauds and criminal activities of Defendants, in that they are calculated and intended to conceal and prevent the dissemination, public knowledge and action to cease the existing and ongoing frauds and criminal actions of Defendants. In short, they are intended to insulate, protect, and shelter the Enterprise in its continuation of illegal activities without public scrutiny and the prosecution which would follow, by suppressing public comment and the sharing of information among victims and between victims and those who would or could assist them including counsel. 20. In addition to the stream of and malicious and defamatory falsehoods which are rendered criminal within Civil RICO by virtue of their connection to these previous frauds, Plaintiff is the victim of the following related but severable criminal acts of Defendants: (a) Plaintiff has been a victim of fraud as a subscriber to and purchaser of described publications in reliance upon such frauds. (b) Defendants through Campbell have impersonated Plaintiff in order to open and use a false Internet account with America Online, which Internet account was then used to: (i) Issue obscene death threats to persons including Vicki Cruse and Alan Staats from an account in the name of Plaintiff, Anthony E. Pucillo; (ii) Post upon the Internet an extortionate death and assassination threat against the President of the United States of America and his family from an account opened by Defendant falsely using the name of Plaintiff. This threat was made with intent to discredit and intimidate Plaintiff, and to force him to cease his aid to other victims of the criminal actions of the Enterprise. A copy of the posted threat is attached hereto as Exhibit B. Wherefore, Plaintiff demands judgment for damages, costs and attorney's fees in excess of the jurisdictional amount of this Court. Count III (Fraud) 18. Plaintiff realleges its previous allegations. 19. This is an action for damages of less that $15,000, but the Court has jurisdiction by reason of the pendency of related claims set forth above. 20. Plaintiff is a subscriber of "U.S. Aviator" and other publications of the subject Enterprise and one of several thousand of same. 21. Plaintiff was intended to rely upon the fraudulent falsehoods of Defendants heretofore alleged in subscribing to and maintaining a subscription to its publication, in purchasing book also published by Defendants, and by otherwise supporting Defendants. 22. Defendants expressly solicited the active and vocal assistance and advocacy of individuals such as Plaintiff in their supposed pro-consumer campaign in experimental aviation, including the writing of letters, advocacy of positions espoused by Campbell, solicitation of subscriptions by others, furnishing to Defendants letters favoring Defendants' positions on issues and supporting Campbell as an advocate in dealings with the public, the government and with aviation businesses. 23. Defendants intended that Plaintiff would rely upon the numerous false representations heretofore alleged (under the description of "fraud" in Count II) and Plaintiff did so rely, in purchasing and renewing periodical subscriptions, in soliciting the support of others to do so, in purchasing a book from Defendants, and in publicly advocating both the character and fitness of Campbell as a consumer advocate and in defending Defendants in written electronic postings internationally on the Internet, in written letters to Defendants and others (which were intended to be used and/or were used by Defendants in furtherance of their Enterprise. 24. Plaintiff has been damaged in that: (a) He purchased a worthless subscription, which, based upon the true character and history of Campbell, was foreseeably worthless and would not have been purchased, in that the insolvency and financial and moral bankruptcy of the Enterprise were concealed by these misrepresentation; (b) He purchased a book whose value depends upon the integrity and reliability of Campbell, in that it is a compilation of this supposed evaluations and judgments; (c) He subjected himself to disrepute and embarrassment by association, among members of the public with actual knowledge of Campbell's behavior and character. Plaintiff's damage exceeds the subscription moneys actually paid and includes public humiliation, ignominy and disrepute and injury to reputation in unknowingly permitting himself to he identified as an advocate (personally but not professionally) and linking himself with a fraudulent and criminal enterprise by standing in its defense in public and private discourse. Wherefore Plaintiff demands judgment for damages. Count IV (Breach of Contract) 25. This is an action for damages less than $15000, of which the Court has jurisdiction by reason of the pendency of the abovestated repated claims. 26. Plaintiff realleges its general allegations. 27. Plaintiff contracted with the Enterprise for the furnishing of a two-year renewal subscription of US Aviator on a monthly basis. 28. Defendant has failed and refused to deliver such publications since October of 1996, leaving some 20 months of the subscription unfulfilled. Plaintiff is one of many thousands of such subscribers whose contracts have been breached. Wherefore, Plaintiff demands judgment for damages, costs and interest. I hereby certify that a true and correct copy of the foregoing has been furnished to Robert Ellis Clager, Esq., by U.S. Express Mail, attorney for Defendants this February 9, 1998. Anthony E. Pucillo, P.A. 12795 Wilderness Dr. Palm Beach Gardens, FL 33418 (561) 626-0999/626-9636 FAX _________________________________ Anthony E. Pucillo FL BAR# 175532