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PDF–Mann-Lawsuit i) CIVIL DISTRICTCOURT FOR TFIE PARISI] OF ORLEANS STATEOF LOUISIANA ' NO. ./ DIVISION " lf ! FREDERICKR. HEEBE.Plaintiff VERSUS JAN MASIILLI MANN, Defendant FILED: DEPUT'YCLERK PETITION FOR DAMAGES NOW INTO COURT, throughundersigned counsel, comes Plaintiff, Frederick R. Ileebe,who respectfullyrepresents as follows: PARTIES l. Plaintiff is a personof ageand a citizen,resident, and domiciliary of the Stateof Louisianawho residesand is domiciledin the Parishof Orleans. 2. DefendantJan Maselli Mann is a personof age anda cilrzen,resident, and domiciliaryof the Stateof Louisianawho residesand is domiciledin the Parishof Jefferson. JURISDICTION AND VENUE 3. Jurisdictionand venue for this actionare proper in thisjudicial district,pursuant to Article 74 of theLouisiana Code of Civil Procedure. FACTUAL ALLBGATIONS I. Introduction. 4. Mr. Ileebe filed a pre-suitdiscovery petition in this Court on March 12,2012, seekingto conductdiscovery in orderto verify the identityof the personresponsible for making libelous and defamatory statementsabout Mr. Ileebe and his family on the Times-Picayune website,Nola.com, under the handle,"Henry L. Menckenl951"("Mencken"). Threedays later, Jim Letten, the United States Attorney for the Eastern District of Louisiana held a press conferencein which he revealedthat "Mencken" was one of his chief lieutenants,(now former) AssistantUnited StatesAttorney SalvadorPerricone. During the pressconference Letten took great umbrage at the suggestionthat others in his office were involved in suneptitiousonline activity,insisting that despitePerricone's obvious lapse in judgment,the U.S. Attorney'sOffice ("USAO") as a whole "recognize[s]the absoluteduty of all U.S. Altorney's office personnelto refrain from publicly commentingon any pendingmatters pending before the Departmentexcept in strict accordancewith establishedDOJ and U.S. Attorney'soffice policies,procedures, and guidelines." 5. Ilowever,Perricone was not the only memberof Letten'sstaff who regularlyused the Nola.com comment boards as a forum for lashing out against-and in some cases defaming-persons associatedwith USAO investigations.In a four-monthperiod spanningfrom November201 1 to March 2012,someone posting under the handle"eweman" posted over three dozencomments on Nola.com. Thesecomments-like the "Mencken" comments-reflectnot only a keen interestin USAO investigationsand prosecutions,but a highly detailedknowledge of the office's activitiesand inner workings going back decades.Like "Mencken,""eweman" displayeda particularinterest in the USAO's ongoing investigationof Mr. Ileebe and his company,River Birch, Inc. And, like certain of "Mencken's" comments,at least two of "eweman's"comments about Mr. I{eebewere libelous and defamatory.l 6, Moreover,like "Menckon's"writings, "eweman's" writings containthematic and linguisticsignposts that point unmistakablyin the directionof the USAO and, in particular,to Letten'ssecond-in-command, First Assistant United States Attorney Jan Maselli Mann: . The "eweman" posts are replete with examples of a unique typographic error- superfluousspacing before punctuationmarks-that is evident in writings attributableto Ms. Mann. o One post containsan obscureslang term-"fender lizard"-that Ms. Mann is known to usein conversation. o In addition,the "eweman"posts repeatedly castigate two New Orleanscriminal defense attorneys-Arthur A. "Buddy" Lemann III and former U.S. Attorney Eddie J. Jordan, Jr.-for whom Ms. Mann is knownto harborgreat personal disdain. 7. The "eweman" commentsare also notablebecause of the degreeto which they coincidedwith the "Mencken" comments-over sixtv nercentof the "eweman"comments were postedto storieson which "Mencken" also commented.Indeed, in somecases, the "eweman" The Nola.comprofile page {br ewemanindicates that 40 commentswere postedto the site under that handle. Plaintiff thus far has been able to locate only 35 comments. Plaintiff intendsto subpoenathe full setof ewemanpostings from Nola.comand reserves the right to amendthis petition to accountfor other defamatorycomments eweman may haveposted about Mr. Fleebe. 2012.I I 02 Pelitionfor Damages and "Mencken" commentswere postedminutes apart and evincesome degree of coordination betweentheir authors. 8. Significantly,all activity on the "eweman" accountceased abruptly after the umaskingof Perricone. "Eweman" postedat least40 commentson the Nola.comsite between November2011 andMarch 2012,including at leastnine relating to the River Birch investigation. Since the filing of Mr. Ifeebe's pre-suit discoverypetition on March 12, 2012, the Times- Picayunehas published dozens of storiesabout the invesligation-includingan extensive,multi- part seriesof articlespublished in September.Yet, narya word from "eweman." 9. Mr. Heebefiles this actionto seekredress for damaseshe hassuffered as a result of Ms. Mann's libelousand defamatorv statements about him. II. "Eweman's" Comme.rt,Anout USAO Investigations. 10. Like "Mencken"before her, "eweman" stood out from othercommenters on the Nola.comwebsite because of the deepknowledge she exhibited of the USAO and,in particular, investigationsand prosecutions in which Ms. Mann is known to haveplayed a role. For example: o In onepost, "eweman" defended the reputationof formerU.S. Attorney John Volz, who left offioein 1990: Brlawyer - you're a racketeering-convictedEWE admirer, a Judge Porteous impeacheddefender, a prosecutorbasher and god knows what else.Under your type of viewpoint politiciansare above the law and your way of thinking is exactlywhy La is 50th in everything.You don't have to know Volz to know that under his leadership politicians and other previously untouchable criminals began to learn that their actionswould not be tolerated.You complainabout fblks who had negativethings to sayabout EWE as hitting below the belt but yet you deridea deadman. Flypocritical eh? Ex. I at 307 (emphasisadded) (January 19,2072,1:22PM), In anotherpost, "eweman" waxes philosophical about the motivationsof David Duke, whom Ms. Mann receivedan awardfor prosecuting: No needto get all healy about the Duke man. He has no real beliefs- it's all about cute young things and the con.the wholeHolocaust-denial thing or when he was in the U.S.the racistgarbage - is all the equivalentof a flim flam man.He doesn'tcare about any'thing other than he found a way to supporthimself in the lifestylehe accustomedhimself to. Itl. at83 (ernphasisadded) Qrlovember 30,2011, 8:3OAM). In a November5, 201I post,"eweman" compared River Birch CFO Dominick Fazzioto a stringof otherpersons prosecuted by the USAO, suggestingin a not-so-subtleway that Fazztois foolishfor exercisinghis SixthAmendment rights: "Fazziois certainlyentitled to takehis chancesat trial just as his predecessorsRenee Gill Pratt, Mose Jefferson, Mark St. Pierre etc did." Id. at6 (emphasisadded) Q.Jovember 05,2071 at 10:20AM). 2012 I I 02 Petitionlilr f)amages ll. All told. 2l of the 35 "eweman" commentsrecovered from Nola.com either discussthe USAO and personsit has investigatedor prosecutedor were posted to stories reportingon USAO investigationsor prosecutions. 12. Moreover, "eweman" did not simply discuss USAO matters; she used the commentboards zealously to defendthe office andto attackits detractors.F-or example: . "Eweman" defendedLetlen in unusuallypersonal terms againstcharges that he was takingtoo muchcredit for the work of the USAO: Letten is not taking credit for all of the caseshis office prosecutes, he is the facefor his office. If you have ever heard him give a speechhe givesall of the credit to his employeesand takes very little for himself.No one in their right mind thinksLetten personally handles the cases. Id. at 24 (emphasesadded) (l.Jovember 09,201r l, 9:00AM). r "Eweman" rebuttedthe suggestionthat the USAO was responsiblefor leaking the existenceof a wire-tapin the high-profile"Wrinkled Robe"investigation: ANyone who knows anything knows that if the FBI thought they had evidenceproving a federal prosecutorhad leaked a casethey would have beensalivating to chargethe prosecutor.They literallywould havebeen falling all over eachother to tag the prosecutor.They could have goneto DOJ, had the local office recusedand had someonefrom D.C. or anotheroffice cometo NOLA and handlethe case.Nobody getsa pass, no agentand no prosecutor.All this tells me is that there may have been a concernby a know nothing Agent but it never panned out much to his chagrin and the case againstthe Judgesand Marcottesucceeded in spiteof him beingor.rt of his depth. Icl.at 57 (emphasisadded) Q.Jovember 27 ,2011, 1:19PM). In responseto postingsfrom othercommenters suggesting that the USAO had beentoo lenientin chargingformer Jefferson Parish President Aaron Broussard, "eweman" wrote: They havebeen accused of stealinghundreds of thousandsof our dollarsand are charged with feloniesgalore. It soundslike a coupleof you out therethink that won't land em in the pen. Flaven'tyou been paying attention?You take the king down for anything you got hirn on. Al Capone went to jail for taxes, remember? Icl.aL l l9 (emphasesadded) (December 02,2011, 4:37PM). Respondingto commentsthat the USAO was too aggressivein the prosecutionof former GovernorEdwin Edwards,"eweman"' wrote: "The Feds did not go after EWE for fun. FIe kept committing crimes and left them no choice." Id. at 251 (January14, 2012, 5:34PM). 13. "Eweman" displayedparlicular interest in the River Birch investigation. From Novemberthrough March 2012, "eweman"posted at leastnine commentsthat either directly Indeed, the nom de plume "eweman" appearsto
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