I think the Society might drop its appeal over the Conti case

by cedars 97 Replies latest watchtower child-abuse

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  cedars

  Hi everyone

  I've been giving some thought to the recent development in which the judge has ruled that the Society is barred from completing any property transactions until the appeal is over, which could take up to two years or even more.

  I've submitted an article to Randy at freeminds in which I basically argue that it is NO LONGER in the Society's interests to appeal this case. If I correctly understand the restrictions placed on the Society by the judge, then the Governing Body has far more to lose by appealing than they could conceivably gain.

  Think about it...

  • By appealing, they buy themselves time in which to formulate a long-term strategy for dealing with the fallout of this case, but will be barred from liquidating $1 BILLION in property assets at a time of global economic uncertainty when their donations are dwindling. There is also no guarantee that their appeal will be upheld.
  • By dropping their appeal, they take a hit and pay $23.8 million but retain the freedom to see through their real estate projects; retain their financial flexibility to respond to dwindling donations, and get to pretend to their followers (as with the UN scandal) that it never happened.

  Of course, I am only saying that dropping the appeal would be the only INTELLIGENT option for the Society, assuming they are aware of how legally precarious their child abuse policies are. It may be that I am giving them too much credit, and they really are inept with these decisions - in which case they will forge ahead with the appeal and all the negative consequences that this foolish course of action entails.

  I would be interested in your thoughts.

  Cedars
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  notjustyet

  I would think that if they took the cash and deposited it into a account that the courts had control over, then this hold on selling property would be lifted.

  Thoughts?

  NJY
• 

  MidwichCuckoo

  I sort of think that by appealing they will attract more unwanted attention/press coverage/questions - and, as you say, if they cough up a quick payment the whole incident will soon be forgotten by the R&F. Short memories.
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  cedars

  notjustyet - that might be another option. I'm no legal expert, so I don't know if that opportunity is available to them.

  My prediction is based on the reports I've heard being accurate, and the Society failing to shrug off this restriction.

  Cedars
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  blondie

  It will be interesting what is more important, ego or money.
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  AnnOMaly

  If they drop the appeal, the judgment stands and more legal precedents are set. It also gives the impression they feel the judgment was right and shouldn't be challenged (bad). This may cost them more in the long run. Fight the judgment and it may be overturned (legal precedents in their favor) or the damages reduced. I think they are smart to appeal. I don't think they have a choice.

  Of course, it may backfire on them, but as far as they are concerned, they have to try.
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  Amelia Ashton

  Is the sale of Brooklyn real estate complete? Have contracts been exchanged etc. or are they still to be finalised?

  Has the judge agreed any pending sales can be completed or have they been halted until the appeal is heard?

  Does any-one know?
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  Band on the Run

  I view the matter from a legal lens. Regardless of property transactions placed on hold, I cannot fathom how the WT cannot appeal the priest-pentinent privilege and other First Amendment matters. I expect they will go all the way to the U S Supreme Court. If this case is sustianed on appeal, the damage awards against them will be staggering.

  I am trying to research the trial judge's ruling on law, through a professional filter, as I write this. Speaking with others, who are not lawyers, people seem so certain that the trial judge will be upheld. I am not. Trial judge's rulings of law are unimportant compared to an appellate court.

  What mystifies me, though, is why the WT is settling these cases if they have no liability. I feel the truth is in the middle between what each lawyer said.

  Every other religion is going to follow this case carefully. If the WT rolls over in this case, hundreds, if not thousands of litigants will pop up.

  Sadly, the WT has ample resources to go through every appellate stage. I see so many unresolved questions. Nothing has interested me on this forum more than this case but I also have pressing business.

  I wonder if the WT can appeal for some relief from the property ruling if they put adequate funds in some sort escrow account.
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  sir82

  No way they drop the appeal - that just opens the door for hundreds if not thousands of similar cases.

  They'll play it as a war of attrition - appeal after appeal after appeal. If they win any along the way, they don't pay. If they keep losing, they stretch it out for years, maybe a decade or more.

  They've got plenty of assets to play with.

  The "freeze on assets" (for lack of a better term) will only be painful to them if they lose other judicial cases in the near future.

  It's effect is more psychological - (1) it's bad PR, that a judge has in effect called them sneaky bastards and taken this step to prevent shenanigans, and (2) it must gall them that they are being tied up by an "element of Satan's world".
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  notjustyet

  I think that either paying in full and taking the "hit" is one option as it will get the media exposure put to bed sooner than later. Of course it would set a precedent to others thinking of, or currently sueing the WTBTS for abuse.

  Or they can put up the cash and proceed with the appeal and also be allowed to move forward with the selling off of properties, moving up state etc. ( that is if the Judge would allow the money being deposited to release the hold on the sale of the properties)

  I would opt for putting the money up and praying ( I know right?!) for a over turn of the judgement with the appeal. This would prevent others from moving forward with the case and also vindicate God Holy Name (I know right?) and would allow all the current Jws to breathe a sigh of relief as then they would really know that they are infact, in gods chosen organization. Because you know that if the WTBTS wins a court case Jah had something to do with it, and if they lose a court case, it was from the DEBIL!!!

  NJY