D. George Sweigert vs. Jason Goodman Document 137: Plaintiff’s Motion to Add Counts of Mail and Wire Fraud

On January 15, 2020, Document 137 was filed with the United States District Court for the Southern District of New York in the D. George Sweigert vs. Jason Goodman lawsuit.

Document 137  (13 pages)  Plaintiff’s Letter Motion for Leave of Court to Add Counts of Mail and Wire Fraud to ECF Doc. Nos. 132 & 133

sweigert v goodman doc 137 115 2020

D. George Sweigert vs. Jason Goodman Document 136: Marcus Conte Letter to Intervene

On January 8, 2020, Document 136 was filed in the United States District Court for the Southern District of New York in the D. George Sweigert vs. Jason Goodman lawsuit.

Document 136 (2 pages)  Marcus Conte January 2, 2020 Letter Motion to Magistrate Stewart D. Aaron re:  Request to File Motion to Intervene per F. R. C. P. Rule 24

sweigert v goodman doc 136 108 2020

D. George Sweigert v. Jason Goodman Document 134: Plaintiff’s Motion to File an Amended Complaint

On January 3, 2020, Document 134 was filed in the United States District Court for the Southern District of New York in the D. George Sweigert vs. Jason Goodman lawsuit.

Document 134 (5 pages) Plaintiff’s Letter Motion for Leave to file an Amended Complaint

sweigert v goodman doc 134 103 2020

D. George Sweigert vs. Jason Goodman Documents 132 & 133: Motion and Memorandum of Law to Add Marcus Conte as a Defendant

On December 26, 2019, Documents 132 and 133 were filed with the United States District Court for the Southern District of New York in the D. George Sweigert vs. Jason Goodman lawsuit.

Document 132 (92 pages) Notice of Motion for Leave of Court to Add Marcus Conte as a Defendant Pursuant to Rule 20 (a) (2)

sweigert v goodman doc 132 1226 2019

Document 133 (22 pages) Memorandum of Law in Support of Plaintiff’s Motion for Leave to Add Marcus Conte as Defendant Pursuant to Rule 20 (a) (2)

sweigert v goodman doc 133 1226 2019

Talebearers Denise Matteau and Marcus Conte “Ignited and United” Campaign To Bring to Justice their Mythical Monsters

Where no wood is, there the fire goeth out:  so where there is no talebearer, the strife ceaseth.  Proverbs 26:20

Marcus Conte published today, December 3, 2019, a video titled, Fugitive in Port Neches Explosion May Face Criminal Charges;  Plus Gabe Hoffman Defamation Lawsuit.  As seen in the screenshot below, Marcus Conte has sent a letter to the Magistrate Judge in the defamation lawsuit, D. George Sweigert vs. Jason Goodman, accusing Dave Sweigert of witness tampering and providing a link to a November 25, 2019 unlisted video on the Dave Acton You Tube channel.

This letter to a judge recalls a previous letter of Marcus Conte’s where he attempted to intervene in a lawsuit involving David Sweigert. I discussed that previous situation in an article on September 14, 2019, called Crowdsource the Court Jester Marcus Conte:  Too Lazy to Sue Dave Sweigert, He attempts to Intervene in a Lawsuit Unrelated to Him!

What events preceded this December 3rd letter to the Judge in the D. George Sweigert vs. Jason Goodman lawsuit?

I have not written any articles in over a month in order to enjoy the fall weather and Thanksgiving Day in peace, but as I was blissfully enjoying my vacation from the Alternative News Media, a chemical explosion occurred in Port Nueces, Texas on November 27, 2019.  Prior to living in Mississippi, I had lived in Texas for 28 years, including Corpus Christi, so this story caught my attention, especially when two internet reporters attempted to turn the misfortunes of the Port of Neches explosion into a story which would elevate themselves into notoriety.

Port of Neches, Texas chemical plant explosion on November 27, 2019

Internet talebearers Marcus Conte and Denise Matteau of Truth Convoy joined forces in what I shall term their Ignited and United campaign against their common adversary, Dave Sweigert, whose defamation lawsuit against Jason Goodman is covered on my Tracking the Leopard Meroz blog.

I do not subscribe to any YouTube channel, and ever since Dave Sweigert started creating unlisted videos on his Dave Acton YouTube channel, I cannot view his productions. But apparently Denise Matteau is a subscriber, and she has viewing privileges not afforded to me.

The subject “offending” Dave Acton video was published November 25, 2019.  In reviewing the timeline of these events, I would like to take my readers back to a week prior to that video.  It was on November 19, 2019, that the Teenage FBI YouTube channel published a two hour live stream called Live Like A Maginot Line, which was based on the title of a self published book on Amazon.com by Dave Sweigert. The day following, Dan Cromer aka Leppo, the “Mind War Comedian”,  interviewed Steve Outtrim in a show titled, Live Like A Flame Thrower.  

David Sweigert’s self published 76 page book on Amazon.com November 11, 2019

In discussing the timeline of Denise Matteau and Marcus Conte’s Ignited and United talebearing campaign, I will be quoting from videos which are are not in chronological order. So let us begin with Denise Matteau’s Truth Convoy 21.11 minute video dated December 1, 2019, called Clarification About Steve Outtrim from “Mossad Part 2”.

[Note: all comments by Tracking the Leopard Meroz are in maroon italics. Also any bolding in transcribed videos is mine.]

At the 7.09 mark, Denise Matteau is discussing “active domestic terrorism that is being facilitated and promoted and underwritten, subsidized and conducted by foreign agents”. She then remarks, “Outtrim [i.e. Steve Outtrim of Cryptobeast YouTube and Burners.me blog] is a foreign agent and I did actually report him to the security in his own country, over the Port Neches thing.  Um, I hope he’s on a no-fly list.  That’s what I’m doing.”

“You know you think, go ahead and call me crazy, but I want to tell you something, I don’t make a report by calling up and saying, “he said terrible things and I’m all upset”.  No, I don’t do that.  When I see a factual video, when Outtrim made statements in the video the day after Schoenberger and Sweigert together discussed blowing up Corpus Christi, then after that the —I made a report on that, the, the federal agent that I reported that to listened to Schoenberger’s speech and then asked me a lot of details identifying you know the kind of questions they ask, when they’re actually filling out the form and making a record of the report.”

“And the next day, Outtrim showed up supporting the (garble) foreign agent.  I reported him.  I have a six digit reference number to update with.  See, I know what I’m doing.  These foreign agents gotta have to start paying attention to your problems in your own country.  I am gonna do a video on Outtrim, um, because there’s somebody else that I dealt with who was spending a lot of time overseas and it was very interesting because, well, we’ll talk about that in a video, very interesting and it fits in with the terrorism, concerns another murder…”(9.48)

(12.58) “…when I saw that article, Outtrim touched a lot of the facts of the financial subsidy and if you read that article that he wrote about the evacuation of the Port of Charleston, South Carolina, you saw that he’s even got one of my videos embedded in it.  Well, fine, keep it there, that’s fine.”

(15.17) “…I was focused on what I’ve been finding out and seeing and understanding as I’ve been putting together the threads of these people that have been attacking me and now they’re attacking the whole damn coast?  And that though it’s the way that they started, it was a personal thing, but the way my name and my, the hate clips, the way they’re being used is showing not only that this is a terrorist army, an actual army of terrorists.

“But they are doing things that can, under present laws, the Patriot Act, but not even using the Patriot Act, regular laws about extortion and bribery and financially, I mean you know what the Sweigerts are trying to do to the court and Goodman involved in that.  Good-Jason Goodman is 100% aware and partnering with Sweigert in the fraud on the court.”

“I mean, it’s, it’s pure nonsense and these people who think they’re being clever and cool; if you really understand the law and you look at what they are doing, we’re very close to seeing them go to jail, without any additional laws being enacted.  They could easily re-open the Port of Charleston incident and look at it again based on new evidence coming out of this incident.”

“What Leppo’s doing, trying to sell that book.  It’s financial when you’ve got an, an Outtrim track 20,000–30,000 you know he was tracking tens of thousands of dollars in transactions related to that evacuation.  If that reaches government agents as new evidence, they can reopen that case and they can put both Sweigerts in jail, and they can start dismantling the radicalization terrorist network that Hollywood is facilitating in YouTube.  Everybody who’s made money off this-the law works on money, OK?  You can, you can say nasty things about someone in it; that’s not against the law.  But you do something that’s transactional with money and it’s related to destroying and blackmailing, you can go to jail for that.  And they need to start looking at the Patriot Act and, dusting it off and using it.” (18.45)

Denise Matteau has engaged in long running defamation campaigns against various individuals, which are rationalized by conflating these separate relationships into a unified conspiracy story

The day prior to Denise Matteau explaining in her video that she had reported Steve Outtrim to the authorities in his country, she published her November 30, 2019, video called Understanding How Mossad Creates Terrorism in the USA, Part 2.  At the 1.06.44 mark Denise tells this story:  “First of all we know from what they said in Port Neches, they got twenty agencies looking at it and we know the Terrorism is looking at it.  I reported the threat video, the threat to the Port of Corpus Christi WHEN it came out.  There were four–four!-patrol cars out here because all I did was explained a little bit about what was in the video and said do you want me to send you the link, and she said no, we’re sending someone up.”

“One patrol car came up-one patrol car- and he came in and I could tell by the grin on his face, it was like Hey, just you know, see what’s up with crazy lady, and he’s looking at the video and it started and he saw “my interesting tools”, huh and then gets to “Port of Corpus CRISPI”,  and he starts talking about and then the guy goes and then he’s mumbling into his shoulder thing.”

“And the next thing I know, three patrol cars pull up, not after me!  They went around to talk to neighbors and the guy that was talking to me and looking at it his partner is looking over his shoulder at it, and then he says and then they go out and they had a big conference out there amongst themselves – all the uniforms- and these were serious people.  These were not Officer Donut.  The second crew that came in were serious people.  They were not Officer Donut – they were not you know, drug dealers SWAT team and they listened to what these men were saying in these videos.  And that was BEFORE the explosions in Port Neches.  It was less; it was, was maybe 12 hours before?  That video went up while my cult video, my death cult-the one that Marcus Conte grabbed, [Death Cult Melt-Down:  Larping Fools, Brainwashed Tools dated November 26, 2019] and that’s what that’s really what happened right there.  My video was uploading when I saw the threat to Corpus Christi-that video.

“He [i.e. Dave Sweigert’s Dave Acton Youtube channel] set it up so they wouldn’t show up for everybody.  It’s, it shows up as an unlisted, but somehow because I was still subscribed to his channel from before, it shows up to me and he likes to put these videos up about 9 o’clock at night, but it was the next morning that I made the call because I know I couldn’t get the people I needed to get at 9 o’clock at night.  I did make some Fed…”.  (video cuts off at 1.10.25)

[Dave Sweigert published his YouTube video “My Crazy Dream about a Corpus Christi Movie” on November 25, 2019.  Denise Matteau reported it to the local police on November 26, 2019.]

Marcus Conte joins forces with Denise Matteau to publish their distorted narratives for profit on their YouTube channels.

After discussions with Denise Matteau on the Dave Acton video, and in regard to the Port of Neches, Texas, November 27, 2019 chemical explosion, Marcus Conte published several videos which can be seen on his YouTube channel.  On Thanksgiving Day,  November 28, 2019, the Marcus Conte YouTube channel published a 20.54 minute video called, RAW Call to FBI “Rogue You Tuber Reported to FBI for Explosion in Port Neches, TX”.

Marcus Conte begins, “Whoa, Marcus Conte reporting, calling the FBI, calling the FBI.” (ring, ring).  A male voice answers the phone, saying, “FBI New York Division.  This call may be monitored or recorded.  Please listen to this message in its entirety…If this is an emergency please hang up and dial 9-1-1.  If you are calling to report an internet crime, please go to (website named).  If you are calling to report a federal crime please press 3.  If you like to speak to an operator please press 6…”

Marcus Conte:  Press 6.  Yes, I um, I, I think I need somebody to uh talk to about a possible uh, about the possible explosion in Texas.  I’m a reporter and I was just doing a story…(ring…).

FBI:  FBI here…

Marcus Conte: FBI New York thank you, I uh, I think I have a bit of a problem here.  I need to have someone sort it out.  I’m a reporter and I am an internet YouTube reporter and I was doing a story today with a woman who who we were doing something on death cults.  It’s a wild subject but here’s, here’s the kicker, there’s an explosion in Texas this morning and the port of, I can’t believe what I’m seeing here.

And uh the port of, what is this?  The port of chemical plant blasts down in the port of something with an N, where is it?  Uh, Nietzsches, point, point of Knee Chess has an uh explosion happens early this morning, right?  Sounds, sounds, doesn’t – not a big deal, right?

So yesterday, she shows me a video of these two guys online – this guy online planning to blow up a port in Texas, right?  I have the video, right?  He explaining and he’s, what he’s doing as well as he’s, he’s throwing my name into the equation. Like this is some scary, this scared the shit out of me when I just watched it, right, so I’m watching a video and I, I could play it–he explains how he’s gonna take a drone and put a flame thrower on it, buy it fon Ebay and fly it over the Port of Corpus Christi and blow up an LNG tank, right?

Now it sounds like a Wild West, but then I’m looking this morning, waiting for the woman to call in to do the show and there’s no answer.  She’s still not answering me.  I says she was supposed to call me at 11 o’clock.  I’ve emailed it now three times, it’s 11:50 and here’s the other part of it.  You’re still there, right?

FBI:  Yeah, yeah, I’m here.

Marcus Conte:  So she also says that it, the crazy guy in the video, says that there two guys from New York are gonna come and tie you up and, and hold you hostage and use you as some sort of…I could play you the video.  I can’t, I mean, it’s I couldn’t even make it up and how could I, how could he possibly made this thing, can you, can you listen to this? “This is perfect..”. You know, I had this really crazy...”.  You could hear that, right?

FBI: Yeah.

Marcus Conte: (playing video, and we hear), “Crazy Dream, it was really super crazy, so there was this lady in Corpus Christi and she was all upset and anti-government because her daughter was murdered and it was never investigated, see this is a movie plot-it’s called Corpus Christi–Corpus Christi–That’s the name of the movie–so she’s putting out all this stuff on social media about how much she hates the government and there’s these two jerks in New York City and one used to own a drone company and the other was a disgruntled worker for the trash company, and so they kind of picked up on her.  These two guys made a lot of videos together, they hang out with each other, they shopped together..”

FBI:  OK.

Marcus Conte:  I mean, I mean it’s heavy right?

The FBI operator decides to transfer Marcus Conte to the National Threat Operation.  Ring, Ring, Ring…[National Loonie Division, I mean National Threat Operation, how can I help you?]

(6.59) Ring, ring.  FBI:  Please provide the zip code of the area you are calling from now.

Marcus Conte:  1-1-2-0-9-.

FBI:  I’m sorry, we didn’t get your response.

Marcus Conte: presses numbers on his phone.

FBI:  One moment while I transfer you to the next available representative.  Your call will now be recorded.

Marcus Conte:  Yes, my first name is uhh Marcus M-A-R-C-U-S Conte C-O-N-T-E.

FBI:  And your date of birth?

Marcus Conte: February 29, 1964.

FBI:  And what is your phone number, Sir.

Marcus Conte:  Ummm…

FBI:  Alright, what zip code are you calling from?

Marcus Conte:  one one two zero nine.

FBI:  OK, what is the federal violation you’re reporting?

Marcus (Clueless) Conte:  Alright, so here’s the deal. [Marcus Conte has no clue how Dave Acton’s video violated any laws.  But we can be sure he will think of something…eventually.  Right?  Ahhh. witness tampering!  Yeah, that sounds good!] This morning, right, there’s an explosion in a Texas plant right down in, in the port of somewhere, port of, Port of Knee-chess, N-E-C-H-E-S, Texas, an explosion at a TPC chemical plant.  That’s- I’M A REPORTER, I’m, I’m what I’m doing is I’m waiting for, waiting for someone, I’m waiting to do a report, to do a one-on-one interview about some kind of a related subject, right?

And yesterday, yesterday, a man made a video online and posts the video, right?  With the plan to and to blow up a port in Texas, and then but before he does, that he’s going to tie up the lady and, and uh, you know, and, and, I don’t know what he’s gonna do with her, after he ties her up and so, so I and I have the video, I watched a video yesterday. [Is that the video where you told the other FBI employee that you were NAMED in this plot?  Did your mother name you DISGRUNTLED WORKER FOR THE TRASH COMPANY?  The maker of the video is not the terrorist tying up an old lady in Corpus Christi in this dream–you and the owner of a drone company, the two jerks in New York are the culprits. I was like this is crazy- the guy’s, THE GUY”S A PSYCHOPATH, right? [Which guy is a psychopath?  The guy who owned the drone company or the disgruntled worker for the trash company?]

And I could play it for you; if you want to hear it, I’ll play it…

FBI:  Where was the video?

Marcus Conte:  The video was on YouTube.

FBI:  And who’s the individual that posted it?

Marcus “The Clueless Reporter” Conte: Uhh, I believe the voice in the video, his name is David Acton–David Schwegart Swaggart–he goes by David Acton, David Sweggart, I believe he is in California.  He was.

FBI:  He posted a video on YouTube that there was going to be an explosion in Texas before the explosion occurred.

Marcus Conte:  It may, not in so many words, can I play you the recording so that you can hear it and it could be on the record?  I’ll play it to you, if you like.

FBI:  That’s fine.  I’m just trying to get a better understanding of what you’re interpreting in it.

Marcus Conte:  Yeah.  I’m interpreting as here he is talking, telling this woman about his dream that, that he’s going to take a, that a he’s gonna take a drone with a flame thrower on it in the Corpus -in Corpus Christi and fly it over a tanker and blow it up and take out 3 miles of space. [So the dreamer in California went to Corpus Christi to blow up a chemical plant in Corpus Christi, but the drone got out of control and flew to Port Knee Chess?]  Yesterday he said this, [So this phone call to the FBI was made on November 26, 2019, the same day Denise Matteau called the local police to report the same video?] and I’m watching the news right now and I’m watching flames- explosion- not in the same port, right? [Got it.]

The Port of Corpus Christi is, I guess, and I know, it’s miles  away, right?  in Texas? [You did say you are a reporter, Marcus Clueless] The other one is Neches, KNEE CHEESE, something.  It’s a scary thing, I mean and there’s also other things she has, there’s actual like conversations where she reported it in Texas.  She reported it after she saw the video.  Now the other thing is that she said that…

FBI:  What is her name?

Marcus Conte:  Her name is uhh Denise Matteau.  Denise Matteau.

FBI:  Can you spell her last name?

Marcus Conte:  I could try.  Umm…

FBI:  OK, so she reported it after having seen..

Marcus Conte:  She, I believe she reported it.  She also showed me to some kind of threads, some kind of phone conversations.  She says, “the man in the video is the same D. George Sweigert who emailed Nueces [pronounced Nooses County by Conte.]  demanding hurricane relief records.”Marcus Conte: (continuing to read Denise Matteau message)  “Tonight he was in a chat posting methods of blowing up the port. [probably the Leppo chatroom on Teenage FBI]  DHS was notified while he did it”.  [I am assuming Denise Matteau called DHS around November 19, 2019; notified authorities to put  foreign agent Steve Outtrim on a No-Fly list after he did the Leppo interview on November 20, 2019, and then called the local police on Dave Sweigert on November 26, 2019].  The next one is the man…blackmailing me.

Marcus Conte:  That’s what she’s saying, right?  And I could play it for you, here.  Would you like to hear the damn video because this is, you’ll hear it in his own words and I won’t have to explain it three times.  [Marcus Conte finds it difficult to explain anything in a clear manner, and was obviously unprepared to discuss his “tip” to the FBI as shown by his inability to spell and pronounce critical names. His story is altered slightly with each FBI operator.  And now he displays his impatience with the FBI employee for not doing things his way.] This is what I’ve had since yesterday, RIGHT?  And I’m still waiting for her to- uhh, I was, she was supposed to call into my show at eleven o’clock and she’s and it’s now 12 o’clock and in the video they’re saying they’re gonna tie her up.  Two guys from New York-they’re gonna tie her up.  [Marcus Conte had confessed in a taped FBI recording that one of those two New Yorkers referenced himself.]

FBI:  OK, spell the last name.  You said Swaggert or Schweigert.

Marcus Conte:  Oh, yes, I forget that spelling.  SWEIGERT.  He goes by D. George Sweigert.  SWEIGERT.  He also goes by David “Schwaggert”, Dave “Schwagert”, also goes by David Acton, Dave Acton.

FBI:  OK.

Marcus Conte:  Well, I have 35 or 50 videos of him attacking me personally, calling me you know, identifying himself.  There’s undoubtedly it’s him.  No doubt about it.  He doesn’t say Hi, my name is George Dave, this is George Dave Swaggert, but it’s, it’s inescapably his voice.

FBI:  What do you want to actually– just provide me with the URL to the video rather than me trying to hear it over your phone because there seems to be…

Marcus Conte:  You will hear it, you trust – you will hear it, Can I, Can I just interject, you will hear it crystal clear cuz I put the mic on -to put it up to the-I want to put the phone right to the speaker and you will hear it, READY?  [Dave Acton video begins at 1.45 mark].  “This is perfect, you know I had this really crazy…”.  I’m at YouTube.  I now have the spot of the video- it seems that it’s an unlisted.  It’s on the, the video itself is unlisted and it says “My Dream about a Corpus Christ Movie”.  Right?  [Marcus Conte leaves out the word “strange” which is the adjective which Acton choose to describe “dream”Also this is a 5.08 video, and context is important.  But Conte wants to begin at 1.45 into the video].

It’s 228 views published yet on November 25th, so as maybe two days ago the URL to the video is a very long and stupid URL.  May I read it to you?  So it’s HTTP forward slash, forward slash, you know semi-colon slash slash UOU, YOU, excuse me, YOUTU dot BE forward slash 95f underscore zcgqzfa.

FBI:  OK.

Marcus Conte: See if you can get it.  Pop it up.

FBI:  OK, and then the www

Marcus Conte: No W.  No I’m not looking at any www.

FBI:  OK.

Marcus Conte:  HTTP…

Let’s just end our misery here.

Marcus Conte failed to provide a coherent complaint to the FBI, because he is an internet REPORTER looking for attention grabbing headlines for his profit oriented YouTube channel.  

No doubt this collaboration between Denise Matteau and Marcus Conte will be deemed a success in their eyes.  That is, until they are served legal papers…. 

 

 

 

Sweigert vs. Goodman Documents 89 & 90: Pre Trial Magistrate Judge & Sweigert Letter Requesting Gag Order against Marcus Conte and Denise Matteau

On September 17 and 20, 2019, respectively, Documents 89 and 90 were filed with the United States District Court for the Southern District of New York in the D. George Sweigert vs. Jason Goodman lawsuit.

Document 89 (1 page) Order of Reference to a Magistrate Judge

sweigert v goodman doc 89 september 17, 2019

Document 90 (6 pages) Sweigert letter requesting gag order against Marcus Conte and Denise Matteau

sweigert v goodman doc 90 september 20 2019

Crowdsource the Court Jester Marcus Conte: Too Lazy to Sue Dave Sweigert, He Attempts to Intervene in a Lawsuit Unrelated to Him!

Marcus Conte declaring that he is intervening in the Sweigert vs. Goodman lawsuit with his letter and an Evidence Video!

The other day someone thought it was suspicious that I knew about Marcus Conte, and put forth the odd theory that I could not have  known about him apart from Dave Sweigert.  Uhhh, I found out about Marcus because Jason Goodman promoted him on a Crowdsource the Court Jester show.

Timeline explained

On June 16, 2017, I became interested in a breaking story headlined How a Conspiracy Theory Closed Part of a Major U. S. Seaport.  Subsequently, I wrote several articles on guests who were featured on Jason Goodman’s Crowdsource the Truth broadcasts.

After two months, on September 1, 2017,  one of those guests, Robert David Steele and his nonprofit corporation Earth Intelligence Network filed a federal civil court defamation complaint in the Eastern District of Virginia against Jason Goodman, Patricia Negron and Queen Tut.  That lawsuit is scheduled for trial in March of 2020.

About two weeks after that, on September 17, 2017, Jason Goodman featured Marcus Conte on CSTT as a “whistle blower” because Conte had sued his former employer,  the New York Department of Sanitation. (see Tracking the Leopard Meroz July 4, 2019, article “Marcus Conte Clueless in New Yuck City“.)

Sweigert vs. Goodman

One year after the Port of Charleston dirty bomb hoax incident, a second but separate federal civil lawsuit was filed June 14, 2018 as D. George Sweigert vs. Jason Goodman.  This lawsuit was formatted as a RICO complaint and was originally filed in the Charleston, South Carolina federal court, but was later reassigned to the Southern District of New York, where  defendant Jason Goodman resides.  

On August 20, 2019, United States District Judge Valerie Caproni of the SDNY court filed a Memorandum Order which severely critiqued the legal arguments of both the plaintiff and the defendant. One of the complexities of this case involved the fact that RICO can be treated as either a civil or a criminal complaint.  However, only government prosecutors are permitted to charge an individual with a criminal act; whereas a private citizen may file a RICO lawsuit that is exclusively a civil complaint. (see sweigert v goodman doc 87 August 20 2019).

In response to this critique, Plaintiff D. George Sweigert submitted Plaintiff’s Verified Second Amended Complaint (2AC) to the court on September 10, 2019. This amended complaint has eliminated anything to do with criminal actions, and is now focused on defamation. (see sweigert v goodman doc 88 september 10 2019)

Marcus Conte Attempts to Intervene in Sweigert vs. Goodman

The day after Document 88 became public,  YouTube broadcaster, Marcus Conte created a video titled Dave Acton Sweigert Charged With Cyber Bullying, Harassment & Perjury Before SDNY Judge Valerie E. Caproni 1:18-cv-08653-VEC.  In addition he provided a link to a letter dated September 12, 2019 to U. S. District Judge Valerie Caproni offering to come to court and give sworn testimony.  see( Sweigert v. Goodman CONTE LETTER).

What is in that letter?

The first thing to observe about this attempted intervention is that no one seems to be able to locate Marcus Conte’s name in the Second Amended Complaint, either as a defendant or as a named non-party.  Even Marcus Conte does not identify in his letter how he fits into the four corners of the lawsuit complaint.  It would appear that his “intervening” into this lawsuit via a letter and an hour long video of his “evidence” is a fantasy which he has concocted, which stands outside the boundaries of  the Federal Rules of Civil Procedures. 

An inappropriate informality

A brief survey of Marcus Conte’s two page letter reveals an overall tone of informality in addressing the Court. Although he does address the recipient in the address line as Hon. Valerie E. Caproni, he fails to extend this formality throughout, preferring the casual Dear Judge, to the commonly used Dear Judge Caproni or Your Honor.

In addition, the subject line is a quote from someone named “Judge” stating “This is a frivolous dispute between two litigants whose voluminous court filings rehash their incomprehensible and illogical online conspiracy theories.” Conte’s failure to identify the actual quoted document as the August 20, 2019, Memorandum Order of Judge Valerie Caproni, adds to the overall impression that he considers himself to be on a familiar footing with a United States District Judge.  Even seasoned attorneys dare not approach the bench with such casualness.

Normal protocol for writing a formal letter addressed to a Judge recommends that the first line introduce the writer’s name and residence, followed by a short description of the purpose of the letter.  Marcus Conte reverses this order and presumptuously begins, ” Dear Judge, It is hard to imagine a more frivolous dispute between 2-crackpot online conspiracy theorist’  than this one.  Not only is Plaintiff a documented conspiracy kook, he engages in routine online Cyber Bullying, Harassment & Perjury.”

In line three, the author of the letter then describes who he is, saying, “My name is Marcus Conte, an independent journalist, whistleblower and YouTube personality familiar with both party’s on & offline shenanigans.  I am also one of plaintiff’s many Cyber Bully victims.  I would like to place my personal experience on the record.  I live in Brooklyn NY and would like to come to court and give sworn testimony”.

Marcus Conte’s personal experiences are irrelevant to the actual complaint in this particular lawsuit, so one wonders at what stage of this lawsuit does Conte think that his “evidence” and sworn testimony would intersect with the actual legal argument and facts of Sweigert vs. Goodman?

United States District Judge Caproni is not swayed by YouTube speculations as a replacement for concise argumentation

It may have been unwise for Marcus Conte to boast that he is a YouTube personality.  Did he not observe what Judge Caproni remarked on page 5 of Document 88,  which is a general indicator of her low opinion of YouTube?  She stated, “Such conspiratorial speculation, applying a standard that could lead to the disqualification of virtually every judge in the district, may be fit for YouTube’s comment section, but it is not sufficient to cause the recusal of the undersigned.” (bold added).

While Judge Caproni’s statement applies to a particular legal issue brought forth by the Plaintiff, it is obvious from those words that Judge Caproni holds in high regard federal civil court rules which have been honed over time to ensure that a plaintiff clearly states how his legal arguments uphold his complaint.  Obviously, speculative reasoning such as is regularly seen in YouTube comment sections does not belong in a courtroom.  Yet, despite this, Marcus Conte’s entire letter is nothing but speculation and conclusions such as befitting an ill mannered YouTube personality.  So how about his video evidence?

Are you kidding?

In a further affront to the American judiciary, Marcus Conte has made a video which he refers to at the 1.10 mark as “an evidence video”.  To expect a federal judge, who is managing several cases, including jury trials, to reserve an hour of her valuable time to view a non-party’s one hour YouTube video is preposterous.

Marc Conte has filed a  pro se lawsuit before, so why does he not just file his own case against Sweigert? Perhaps he fears being showed up for what he is, or perhaps for what he is not.  An example of his lazy thinking style is found in his letter to Judge Caproni where he declares in this statement that, “Plaintiff Dave Sweigert is a YouTube video celebrity with a subscriber base of 17,000 viewers.  However, Sweigert falsely claims he is a ‘private citizen’.  He is not.”

Two weaknesses can be noted in those assertions.  First, most of Dave Acton’s YouTube subscribers were added around 2017 after the Port of Charleston incident. But if we look at present day views of his videos, the range of views averages far below the subscriber base,  about 200-800 per video.  Those low numbers are an indicator that Sweigert aka Acton is neither a celebrity, nor a public figure.

Secondly, Marcus Conte displays ignorance of the legal definition of what constitutes a public, limited public, or private figure in defamation law.

Overall, Marcus Conte’s letter to the Court does not fit within the four corners of Sweigert’s defamation complaint against Jason Goodman.  And in addition,  he fails to identify in his letter any particular statement made by Sweigert in the Second Amended Complaint that represents an example of perjury.

On Public Menaces

Conte concludes his argument by saying, “Plaintiff is no “knight in shining armor.”  He is an online menace and should be barred by the court from online discourse and from further discussing this case in public.  Plaintiff should also be severely fined for filing one frivolous motion after another at the expense of the People, and for making a mockery of this court- and this country.”

Those allegations of being an online menace could easily be leveled at Marcus Conte.

I am growing weary of the ever increasing slander, cruel humor and threats being made by various YouTubers, which is considered a form of vengeance entertainment.  And for Marcus Conte to make a mockery of the court by starring as a Court Jester in a YouTube video which is then submitted to a United States District Judge, should be condemned.  If a YouTuber has a valid complaint against another party, why not document it with sound evidence in a blog?  Or file a  civil lawsuit as a pro se plaintiff against your opponent, and show us all just how smart you are in pleading your case in accordance with the Federal Rules of Civil Procedure.  Anything less is just a cheap publicity stunt.  And by the way, that suggestion is for all of you YouTubers, without exception.