Proof of Ullja's Defamation Obtained; Plaintiffs Withdraw From Case

June 17, 2010 Announcement (permission to repost granted):

The Plaintiffs in the defamation case Liz Putnam et al v. Ullja Kuntze have filed to withdraw their motion seeking relief against Ullja Kuntze for defamation (libel and slander per se) and fraud.

The Plaintiffs arrived at the decision to withdraw after Ullja Kuntze, with much delay, finally complied with court-ordered disclosure and provided documents confirming that she publishes the blog "handmadeartisonfraud.blogspot.com" and has made false tax evasion reports specifically naming the Plaintiffs and many others to the IRS and state revenue offices around the country.

During the legal proceedings, the Plaintiffs attempted settlement with Ullja Kuntze and requested that she remove the blog, but Ms. Kuntze refused. The high cost of pursuing the case to completion has been weighed against the satisfaction of her admission that she is the publisher of the blog and the person behind the spurious reports to local authorities against artisans around the country. The investment to date resulted in obtaining evidence of her acts, an ample and welcome reward.

However, to pursue the case to completion and obtain an injunction against Ullja Kuntze ordering her to take the blog offline would be very expensive, given her lack of cooperation to date. With proof of her wrongdoing, the Plaintiffs and others targeted by Ms. Kuntze have the needed evidence to protect their professional and personal reputations individually.

The Plaintiffs wish to thank everyone who contributed to the legal costs and to assure their supporters that with proof of Ullja Kuntze's guilt, a win in civil court is not necessary. Thanks to the support of the artisan community, the evidence of Ms. Kuntze's acts is now a matter of public record for all to see.

Case information is available online at the Harris County Clerk's website. The case number is 200966253 and can also be located searching for Defendant name "Kuntze, Ullja".

What is Fraud?

Ullja Kuntze, on her Online Fraud Investigation web sites, accuses various artisans of fraud.

What exactly is she accusing them of?

A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
West's Encyclopedia of American Law, edition 2

Fraud consists of the following five elements:

1. a false statement of a material fact
2. knowledge on the part of the defendant that the statement is untrue
3. intent on the part of the defendant to deceive the alleged victim
4. justifiable reliance by the alleged victim on the statement
5. injury to the alleged victim as a result

Tax fraud against the federal government consists of the willful attempt to evade or defeat the payment of taxes due and owing (I.R.C. §7201). Since tax records are private, Ullja Kuntze has no way to know if any of the artisans she's labeled "fraud" have engaged in tax fraud. Furthermore, non-compliance with local or state licensing does not constitute fraud. At times hobbyists transitioning into profit-making activities consult with local authorities, who fail to give full or correct information, which is easily remedied upon discovery. An innocent oversight is much different than a willful act of deception.

Ullja Kuntze's use of the word "FRAUD" may in and of itself be fraud, as she is engaged in making false statements about her competition with the knowledge that the statements are untrue, with the intent to deceive potential customers and thereby harm the artisan upon which the label of "fraud" has been affixed.