Author Topic: Kerry Haggard Sentenced Today  (Read 21477 times)

Offline erik1925

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Kerry Haggard Sentenced Today
« on: April 09, 2012, 09:51:23 PM »
Kerry Haggard, who fleeced collectors out of millions, when he masterminded the creation of, and began selling fake Universal horror posters a number of years ago, was sentenced today, after a 3 yr court battle. Jim Gresham, one of those defrauded, posted this to MOPO earlier this afternoon. I am sure there are members here, as well, who will find this an informative read, as well as those that had been following the case:



After three long years I am happy to say that Kerry Haggard was
sentenced.  The Judge threw the book at him, giving him the maximum
sentence possible of 78 months in Federal Prison.  She would have
given him more time, but then it might have opened the door for an
appeal.  78 months is the maximum with no appeal opportunity.  She
obviously didnt like Haggard and lectured him for about 20 minutes.
He requested a transfer to the Atlanta Federal prison.  She refused to
let him transfer to a Federal prison closer to his home in Atlanta.
As a matter of fact, she also gave him three years probation after
that, requiring it to be held in New York also.  Which means, he will
have to live in that area.  He cant go to Georgia to do his time or
his probation.

In terms of restitution, she sentenced him to $1.377 million to be
reimbursed to the hobby.  Unfortunately, they cant make him give
posters back.  They can hold his feet to the fire, but can't actually
make him give them back.  The good news is that Agent Mike Mullahy has
found at least $300,000 in good posters.  (They also confiscated many
other fakes.)  The Judge order that all funds raised from the sale of
these posters go to the victims, not the Government.  Each victim was
listed in the sentencing, with the amount due to them for
reimbursement.

It was also implied that there may be more charges coming.  I am not
certain of this, but it sounds like there are more potential legal
actions in Haggard's future.  I can't convey how much disdain the
judge had for Haggard.

There are some real positives from today.  First of all, the judge was
greatly influenced by the letters that everyone sent to her.  She said
she had never received so many letters in a case, ever!  Thank you to
each person who wrote a letter.  Also a thank you to Robert Ragovin
and Glenn Damato who spoke in court along with myself.  Ralph De Luca
was also there lending support.  I want to send a special thanks to
Sean Linkenback.  He knows why, and thats all I will say about that.
Our hobby owes a special thanks to the FBI.  Specifically Agent Mike
Mullahy.  He did a fantastic job.  He talked to me day & night.  I
remember one time he contacted me at 10:30 on a Sunday evening.  He
went over and above.

Another positive is the fact that our legal system does in fact work!
 My only regret is that Haggard is still lying and still trying to
hold the posters for his own gain.  But, the game is far from over.
Overall today was a wonderful day for our hobby.  I personally thank
God for what he did today.  Jim Gresham

--
Jim Gresham
18501 Henry Ct
Ray Mi 48096




-Jeff

Offline CSM

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Re: Kerry Haggard Sentenced Today
« Reply #1 on: April 09, 2012, 10:07:11 PM »
Best result that could be hoped for I suppose.   clap
Chris

Offline 50s

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Re: Kerry Haggard Sentenced Today
« Reply #2 on: April 09, 2012, 11:40:56 PM »
Wow, that is great. Well done to all involved. No crook better take on Jim! That's his second win... I think he won(?) a case against Debi Jacobson previously.  I wonder how much $ the authorities will be able to recoup from Haggard.



Offline CSM

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Re: Kerry Haggard Sentenced Today
« Reply #3 on: April 09, 2012, 11:45:32 PM »
Jim wins because he actually has the means to take 'issues' to court.

Might sound harsh, but it's true.
Chris

Offline MoviePosterBid.com

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Re: Kerry Haggard Sentenced Today
« Reply #4 on: April 10, 2012, 02:48:49 AM »
Jim wins because he actually has the means to take 'issues' to court.

not sure what you mean by this Chris.. this was a criminal case brought by the Government, not a civil lawsuit between parties. Jim was a victim as were many others who only have a voice during investigations, testimonies & sentencing, but have no standing to bring such a case before the courts as a criminal action. Kudos go to FBI Agent Mullaly and US Prosecutor Preet Bharara for pursuing the investigation and determining they could file charges & have a good chance of getting a conviction (Federal authorities generally only file charges when they think they have a high probability of winning)

among the best parts of where that good ol' boy Kerry has to serve his sentence - there ain't no grits in a Yankee kitchen
« Last Edit: April 10, 2012, 02:50:08 AM by MoviePosterBid.com »

Movieposterbid.com is the FIRST All-Movie Poster Auction Site. We're not #1, but we try harder
"LIKE" MoviePosterBid.com on Facebook http://www.facebook.com/Movieposterbidcom

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Offline CSM

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Re: Kerry Haggard Sentenced Today
« Reply #5 on: April 10, 2012, 10:05:30 AM »
not sure what you mean by this Chris.. this was a criminal case brought by the Government, not a civil lawsuit between parties. Jim was a victim as were many others who only have a voice during investigations, testimonies & sentencing, but have no standing to bring such a case before the courts as a criminal action. Kudos go to FBI Agent Mullaly and US Prosecutor Preet Bharara for pursuing the investigation and determining they could file charges & have a good chance of getting a conviction (Federal authorities generally only file charges when they think they have a high probability of winning)

among the best parts of where that good ol' boy Kerry has to serve his sentence - there ain't no grits in a Yankee kitchen

You're mainly right Rich.  I was implying that Jim had the funds to hire a lawyer etc to following through to recoup his losses. 

But it's the government's case not Jim's as you say so my implication does not really ring true here.

However, I thought Gresham did post something about being out of pocket quite a bit of $ just being involved in the case (I mean separate from the value of the lost posters)???
Chris

guest8

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Re: Kerry Haggard Sentenced Today
« Reply #6 on: April 10, 2012, 10:38:49 AM »
I totally missed this post and posted a link to the NY Post article .. Mods feel free to delete my thread ;)

http://www.nypost.com/p/news/local/manhattan/fraud_is_monster_bashed_ig7rKuBLexA3VsJRgZ7uHI?utm_medium=rss&utm_content=Manhattan


Offline erik1925

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Re: Kerry Haggard Sentenced Today
« Reply #7 on: April 10, 2012, 12:36:23 PM »


-Jeff

Offline enki

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Re: Kerry Haggard Sentenced Today
« Reply #8 on: April 10, 2012, 02:22:56 PM »
Not to nitpick, but the Court does not have say over where the Federal Bureau of Prisons houses it's inmates. They can offer a recommendation (ie: to please put so-and-so here or not), but it's still up to them on where they go. While they usually try and honor requests, it's not mandatory and subject to other various factors. By policy, they have to house an inmate within 250 miles of their confirmed residence. Nor can the Court specify what security level the inmate will be housed at.

While the Court does have the power (and oversees) Federal Supervised Release (aka Probation), the sentencing judge does not get the final say. If the defendant doesn't have a residence in a certain area, they generally won't force them to live there. Technically, by default, they are supervised out of whatever district they were sentenced out of. In this case it looks like New York. However, once released from prison, he can petition the US Probation Office (and Court) to move his supervision to where he actually has a residence. Assuming the other office accepts him, he can live there.

Offline erik1925

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Re: Kerry Haggard Sentenced Today
« Reply #9 on: April 10, 2012, 06:10:20 PM »
Thanks for the straightforward, court-related information, Enki. Good stuff!  thumbup



-Jeff

Dread_Pirate_Mel

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Re: Kerry Haggard Sentenced Today
« Reply #10 on: January 23, 2013, 08:17:39 AM »
Latest developments in the fake poster scandal:

http://www.originalprop.com/blog/2013/01/23/vintage-poster-scandal-update-1931-dracula-poster-lawsuits-default-judgments-profiles-in-history-vs-thomas-rega-thomas-rega-vs-studio-conservation/

Thomas Riga obtained a $263,000 "default" judgment against Diana Jeffrey of Studio C, who "restored" the "missing" (actually, deliberately torn off) corners of an S2 chromium litho reproduction of a Dracula one sheet.   Apparently, she added back the missing Morgan litho numbers (per the client's instructions) and linen-backed the S2.  Apparently she was aware it was a reissue when she "restored" it.  Apparently Riga consigned it to Profiles in History, Poster Mountain inexcusably "authenticated" it because it was a litho (not a digital reprint), and Rich and others on NS4 revealed that it was an altered S2.

Profiles canceled the auction and sued and obtained a default judgment against Riga, who in turn - for unclear reasons - sued Studio C in a New Jersey court.  

I'm not sure if Haggard was involved in this and it's unclear if Thomas Rega, the plaintiff in this case and the person who consigned the poster to Profiles, was aware that it was fake.

Here are the earlier articles:

http://www.originalprop.com/blog/2009/09/30/1931-dracula-one-sheet-poster-determined-to-be-fake-pulled-from-next-weeks-profiles-in-history-auction/

http://www.originalprop.com/blog/2010/02/10/profiles-in-history-files-lawsuits-against-fraudulant-movie-poster-auction-consignors/

#1 lesson from this chapter of the saga: ALWAYS DEFEND YOURSELF AGAINST A LAWSUIT EVEN IF YOU DON'T HAVE AN ATTORNEY. Jeffreys claimed she couldn't afford an attorney but she could filed an answer to the complaint and tried to defend herself the best she could.  Instead, she wrote a series of letters to the Judge.  BAD PLAN!  She was hit with an automatic default judgment that will be extremely difficult, if not impossible, to overturn.  (She would have to prove that the New Jersey court did not have proper "jurisdiction" over the case but it appears it did have proper jurisdiction since she made contractual arrangements with her client in New Jersey.)

#2 lesson: If you're a restorer, don't "restore" a reproduction to make it appear indistinguishable from an original.

Here's Jeffrey's announcement to MOPO:

http://www.mail-archive.com/mopo-l@listserv.american.edu/msg54551.html
« Last Edit: January 23, 2013, 08:31:07 AM by Dread_Pirate_Mel »

Offline Ari

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Re: Kerry Haggard Sentenced Today
« Reply #11 on: January 23, 2013, 09:30:54 AM »
Fark, thanks for the NSF lmk, it's been a while and I reread it all.
Richard Evans (my long lost cousin) should be congratulated again for his work.

Edit, I am still unclear how Riga could have a case against Studio C.
« Last Edit: January 23, 2013, 09:55:39 AM by Ari »
An Error Has Occurred!
You can't report your own post to the moderator, that doesn't make sense!

Charlie

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Re: Kerry Haggard Sentenced Today
« Reply #12 on: January 23, 2013, 12:00:51 PM »
There must be more to the story...  This judgement just doesn't sound right.

Dread_Pirate_Mel

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Re: Kerry Haggard Sentenced Today
« Reply #13 on: January 23, 2013, 12:12:48 PM »
You have to understand that default judgments are common as dirt.  It just means the defendant failed to answer the complaint within the applicable time limits.  It doesn't matter if the complaint is frivolous or meritorious.

You can't reverse a default judgment by proving the allegations were false or incorrect.  You can only show:

(1) You never received notice of the lawsuit, specifically you were not properly served.

(2) The court that issued the default judgment did not have personal jurisdiction over you.  "Personal jurisdiction" is a complex subject.  Making a long story short, the question is "do you have enough connections to the jurisdiction?"  Here, it's undisputed that Jeffrey had contractual arrangements with Raga, who is a citizen of New Jersey. Depending on the circumstances, that MAY be enough. We don't know what other "connections" she had.  Maybe she traveled to the state.  Maybe she regularly deals with customers in New Jersey. We don't know if she's raised the jurisdiction issue yet.

Again, the key lesson is that you can't just ignore a lawsuit when you've been served.  You've got to actively oppose the lawsuit by filing an answer and litigating the case.  If you do nothing, the other side automatically wins.
« Last Edit: January 23, 2013, 12:19:12 PM by Dread_Pirate_Mel »

Charlie

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Re: Kerry Haggard Sentenced Today
« Reply #14 on: January 23, 2013, 12:19:43 PM »
This just further justifies that most prominent restorer's are liars/cheats and don't really care about the hobby or the actual restoration/conservation of posters...  If Studio C sanded the back of the S2 they knew it was a bad poster.  Probably got what they had coming...  If Poster Mountain didn't take the time to get it right on a Dracula OS (uh duh - you may want to spend more time on this one); how sweat shop is that?  They didn't care, just making a buck. Guess you may want to add a 'known original image comparison' to your analysis...

Lesson: Steer clear of resto jobs; unless you know what to look for...

Offline CSM

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Re: Kerry Haggard Sentenced Today
« Reply #15 on: January 23, 2013, 12:20:24 PM »
You have to understand that default judgments are common as dirt.  It just means the defendant failed to answer the complaint within the applicable time limits.  It doesn't matter if the complaint is frivolous or meritorious.

You can't reverse a default judgment by proving the allegations were false or incorrect.  You can only show:

(1) You never received notice of the lawsuit, specifically you were not properly served.

(2) The court that issued the default judgment did not have personal jurisdiction over you.  "Personal jurisdiction" is a complex subject.  Making a long story short, the question is "do you have enough connections to the jurisdiction?"  Here, it's undisputed that Jeffrey had contractual arrangements with Raga, who is a citizen of New Jersey. Depending on the circumstances, that MAY be enough. We don't know what other "connections" she had.  Maybe she traveled to the state.  Maybe she regularly deals with customers in New Jersey. We don't know if she's raised the jurisdiction issue yet.

Exactly

While it is ridiculous that this judgment would be levied against her (and that she would be sued by the consignor - if Rega was the one who sent it to her to be 'restored' and also the consignor to Profiles) if she didn't defend herself as per the Rules the letters to the Judge were not going to accomplish anything.

Still shocking nonetheless that she could be considered a guitly party in any of this UNLESS there is much more to the story...
Chris

Offline CSM

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Re: Kerry Haggard Sentenced Today
« Reply #16 on: January 23, 2013, 12:23:17 PM »
Restorers only do what they are asked to do (generally).  From there is it really their problem if the poster is then handed off as an original?  They are not the ones doing that.

Diane only got messed up in this (apart from the restoration) when she blew the whistle on the Dracula at Profiles (believing it to be the same one she had worked on) - If I remember correctly.

Where is the lawsuit against Poster Mountain?
Chris

Charlie

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Re: Kerry Haggard Sentenced Today
« Reply #17 on: January 23, 2013, 12:28:18 PM »
Mel, you should draft up some iron clad contracts and sell them to these guys...

Charlie

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Re: Kerry Haggard Sentenced Today
« Reply #18 on: January 23, 2013, 12:30:11 PM »
Restorers only do what they are asked to do (generally).  From there is it really their problem if the poster is then handed off as an original?  They are not the ones doing that.

But if you know something is off it is always your call whether or not to do the work...  For a Dracula OS I would have expected more caution...

Offline brude

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Re: Kerry Haggard Sentenced Today
« Reply #19 on: January 23, 2013, 12:31:37 PM »
Let Haggard's sad ass be a warning to any would-be poster counterfeiters.
You will eventually get caught and you will eventually swing.

Next up, Rochester?
 cheers


Offline paul waines

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Re: Kerry Haggard Sentenced Today
« Reply #20 on: January 23, 2013, 12:33:33 PM »
But if you know something is off it is always your call whether or not to do the work...  For a Dracula OS I would have expected more caution...


That's like saying the Gunsmith kills people....


If Diane had not blown the whistle would the sale have gone through?? I think it's a disgrace she's been treated this way. The U.S. court system sucks...
« Last Edit: January 23, 2013, 12:34:23 PM by paul waines »
It's more than a Hobby...

Dread_Pirate_Mel

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Re: Kerry Haggard Sentenced Today
« Reply #21 on: January 23, 2013, 01:30:05 PM »
Originalprop.com posted Rega's affidavit in the earlier case here:

http://www.originalprop.com/blog/wp-content/uploads/2013/01/1931-Dracula-Poster-Scandal-Update-Thomas-Rega-Declaration.pdf

In that affidavit he is very vague about how and when he obtained the Dracula poster.  He claims he paid a "significant sum" for the poster and is a "victim."

Presumably he provided more information in the later New Jersey lawsuit against Jeffrey.

Based on Jeffrey's letters to the judge, Rega sued her for defamation, specifically that she indicated to others that he (Rega) knew it was a reproduction.

Jeffrey also gave an affidavit in the earlier case here:

http://www.originalprop.com/blog/wp-content/uploads/2013/01/1931-Dracula-Poster-Scandal-Update-Studio-C-Diane-Jeffry-Declaration.pdf

She claims that Rega sent it to a second restorer for further alteration.

Just to be clear, the original S2 poster is not a "fake" or illegitimate in any way.
« Last Edit: January 23, 2013, 01:30:37 PM by Dread_Pirate_Mel »

Offline Silhouette

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Re: Kerry Haggard Sentenced Today
« Reply #22 on: January 23, 2013, 02:03:59 PM »
If Diane had not blown the whistle would the sale have gone through?? I think it's a disgrace she's been treated this way. The U.S. court system sucks...

Agree.

The timeline of her (provable) actions seem to surely indicate her innocence and for that matter, her honesty.

Is there no comments with the judgement by the judge that indicates how he came to such a judgement/figure (or did I miss that somewhere)?
David


Offline stewart boyle

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Re: Kerry Haggard Sentenced Today
« Reply #23 on: January 23, 2013, 02:50:17 PM »
It would be interesting to know where Mr Rega purchased the S2,and who may have indicated to him that the poster was an original.
Also intriguing that although he paid a significant amount for the poster,he cannot afford an airline ticket.

Stew


« Last Edit: January 23, 2013, 02:55:19 PM by stewart boyle »

Charlie

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Re: Kerry Haggard Sentenced Today
« Reply #24 on: January 23, 2013, 03:10:21 PM »

That's like saying the Gunsmith kills people....


If Diane had not blown the whistle would the sale have gone through?? I think it's a disgrace she's been treated this way. The U.S. court system sucks...

OK, if someone sent me a Scarface with the missing printer alignment deals and asked me to fix all four corners and add the alignment deals back in - shouldn't that be a clue that there may be something wrong with the poster.  (and yes guys I know there is a huge price difference but the principle is the same)

Dracula OS; All the printer's info missing, the paper not feeling right and then sanding the paper thin...  She knew something was off (my assumption).  Similarly to a bar tender being responsible for cutting off a drunkard, I think restorer's in our hobby should take responsibility when it comes to what they restore. This is especially true for 10K plus items.  I do think with the lack of knowledge concerning restoration and what to look for, it would be very easy to sell restored fakes...

I mean in order to sand something down you would have to temporarily adhere it in the process.  There would be more work to do this...

She does get some merit for blowing the whistle, but should not have done the work with out some written agreement regarding the purpose of the restoration.