Lawsuit Escalates

WIRE/Warsing Lawsuit: Perjury Charges Asked for Resnick, Warsing, Block

Updated 2 weeks ago David Stone
The last Main Street WIRE published by Unisource2000 laid unread in stacks, long after publication, July 2nd, 2016.
The last Main Street WIRE published by Unisource2000 laid unread in stacks, long after publication, July 2nd, 2016.
File photo.

We asked the New York State Supreme Court to look into perjury charges against Dr. Jack A. Resnick, Briana Warsing and Marc Jonas Block. No criminal acts have been proven, and the court has not begun to consider any evidence.

Replying to our Motion for Dismissal of the lawsuit Warsing and the Main Street WIRE, Inc., filed against us in November, 2018, attorney Block set fire to a local disagreement with an extremely aggressive cross-motion. He wants to push a simmering Roosevelt Island dispute into a criminal case on Warsing's and Resnick's behalf.

His cross-motion accuses us of perjury and criminal contempt. In oversized, bold letters, he publicly threatens me with arrest.

Responding with equal force was a classic no-brainer.

Our doubts about Warsing's sworn statements have already been reported, and we won't rehash them here. Block now expands his role, but dragging Resnick in to rescue Warsing is entirely new.

In a long affirmation, Block echoed Warsing's allegations and added some of his own.

It's Resnick with whom most readers will be interested.

A Strange Affidavit from Resnick

After staying out of the fray during the lawsuit's first 20 months, Resnick signed an error filled affidavit in support of Warsing on July 29th.

The affidavit is troubling in ways that raise the question of whether Resnick read what he was signing and was aware of its implications. If legitimate, it was signed at the last minute, on the last day in which a cross-motion could be filed.

Resnick swears that he is not a party to the lawsuit, then almost immediately contradicts himself, adding that he is owner of the Main Street WIRE, Inc. He identifies his corporation as the defendant. It is not.

These mistakes, submitted as evidence by Block, are inexplicably amateurish in a case where the Plaintiffs are now asking that the Defendants be jailed. This level of carelessness is not typical of Resnick, a physician with an unblemished reputation for professionalism.

There are other concerns best left to forensics, but perjury rose as a consideration with Resnick's claims about a mailing list, a core element in Warsing's case. She alleges that I stole the list, and he backs her up, claiming to own the list as "intellectual property."

Why Resnick's Claim May Not Hold Up

The Main Street WIRE, Inc. did not exist before December, 2015, according to the New York Department of State. The corporation became official on December 31st, 2015. The mailing list Resnick claims to own was collected and last used long before that.

Although he copyrighted the title "Main Street WIRE" and farmed it out to Dick Lutz, Resnick had almost nothing to do with the newspaper's operations for two decades, according to an email from Lutz in 2015. He sent it in an effort to recruit me to take over from him as publisher and Warsing as editor.

Unisource2000, solely owned by Dick Lutz, compiled the mailing list and maintained it in a MailChimp account paid for with a Unisource2000 Discover card. 

The WIRE, Inc.'s incorporation date notwithstanding, Lutz and Unisource2000 continued publishing the newspaper, paying all the bills, arranging advertisers and purchases until at least June, 2016, far past the date on which the mailing list was given to me.

After the list sat unused for at least a year, I asked about resuming the community alerts for which it was intended. A PDF of the email exchange between Lutz and me was filed as an exhibit in the lawsuit. I was a freelance contributor to the WIRE, at the time, transitioning to full authority over the newspaper, eager to promote my family business.

Lutz could have rejected the idea or added me to his MailChimp account as a content creator. He could have controlled use of the list by demanding conditions or requiring restrictions.

But he did none of those things.

Instead, spontaneously and without any prompting from me, Lutz sent me his mailing list in a spreadsheet, a possibility I'd never considered. He instructed me on how to take possession of it as "your list," offered tips and suggested finding a sponsor.

He took it further, promising to cancel his own MailChimp account, which would mean the mailing list's destruction.

Lutz raised not a single concern about my use of the list, which began immediately, until discovering that I'd made it into a valuable tool to increase readership. Then, he tried to reclaim ownership.

He threatened to take his complaints to MailChimp and law enforcement officials, if I didn't yield. I was prepared to defend myself, as I am now, but I never heard from any of them.

At no time did the Main Street WIRE, Inc. pay for or otherwise take exclusive possession of the list, as Resnick swears. A PDF attached below shows Lutz transferring it to me, free and clear, without prompting, restrictions or conditions.

Warsing swears I obtained it improperly and, in a more recent version, conditionally. Neither statement is true. I had not asked for perjury charges against her before, but I have now, along with Resnick and Block.

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