jimatcohf

If you have anything to do whatsoever with the adult industry, you will want to read this entire post. I am making this post to offer my view and to update our industry on the latest news of the arrest of Ray Guhn and several members of the www.cumonherface.com and www.cashtitans.com team and how it can affect you. For those that are not aware of the arrests, here are the links to those articles http://www.xbiz.com/news_piece.php?i...ing=ray%20guhn and http://www.xbiz.com/news_piece.php?i...ing=ray%20guhn

Most of you know me as Jim Manley or Big Jim. For those of you trying to picture who I am here is the most memorable pic of me brought to you by JFK http://www.fubarwebmasters.com/curre...pbp/z02847.htm now that was a great night and memory that I will cherish forever.

Ok, first, I am not really able to comment on the facts of the case only to say that Ray Guhn’s legal team will be fighting these charges aggressively as long as the money holds out. Ray has retained the legal team of Weston, Garrou, DeWitt & Walters. The well known and respected Larry Walters plans to spearhead a vigorous 1st amendment defense as you can imagine. Now please carefully read this next part. The predicate on which Ray Guhn and associates are charged can seriously impact how YOU as webmasters, producers, hosting companies, affiliates, and pay site owners will be permitted, or not permitted, to conduct your business in the future. The cops are claiming that paying people to perform sexually on camera is prostitution and therefore illegal. If the prosecution wins the Ray Guhn case in Florida it will have the chilling effect of setting precedent of illegalizing porn production throughout Florida which in turn will eagerly be used by other states anxious to squelch free expression to justify filing suits or applying pressure against webmasters, producers, hosters, affiliates and site owners who engage in showing ‘paid performers engaging in sex while being photographed or videotaped or on webcam’.

1) Why the charge of Racketeering? As mentioned, the cops assert that compensating people who perform in, or produce, adult sexual content is prostitution and that any parties earning an income derived from activity based on prostitution is Racketeering (which carries up to 30 years in jail). The 2nd predicate they are using is an Obscenity charge, ie: that COHF content is stronger content than Pensacola community standards allow, even though you can walk into dozens of stores in Pensacola and purchase many different porn mags showing detailed glossy images of group sex, anal sex, triple penetration, bondage sex, dildo sex, lesbian strap on sex, oral sex, cum swapping and oral/facial cumshots. But we all know how vague the obscenity law is, depending on your locale a girl posing nude could be considered obscene by a conservative jury.
2) Don’t believe everything you read in the papers, the guns they seized at Ray’s home were all legally owned along with a weapons permit and the “drugs” were only one medication type legally prescribed by licensed physicians. But it made for a sensational byline in the article.
3) It’s Election year here. So the stronger the headlines, the better, as far as the guys running for reelection are concerned.

I really can’t comment more on the case but after reading some of the posts when this story broke on GFY and other boards I wanted to clear up a few confused posters who poked fun at this situation without understanding how THIS CASE is the landmark case that many in the adult industry have been fearing for years. Grave consequences will occur first in Florida and next industry wide if the prosecution prevails in reclassifying porn performers and actors… as prostitutes. If performers are reclassified as prostitutes, smart money says the law will next move to classify people like YOU who webmaster, produce, host, manage, or resell that ‘illegal’ content as criminals and racketeers. (remember, racketeering carries up to 30 years in jail!).

Attorney Larry Walters has set up a legal defense fund for this fight. I am asking everyone to donate to this fund, not just to help defend Ray and myself, but also to preserve our adult internet industry as we currently know it. This case is already creating expenditures in the hundreds of thousands of dollars and honestly guys we need industry financial help from our friends, associates, fellow businessmen and industry moguls to win this battle... for all of us. Please donate directly to Larry Walter’s firm at: www.RayGuhnDefenseFund.com NONE of the donations go to Ray, myself or COHF.
I can only hope that the generosity (and sense of self preservation) of our industry will shine in this moment of darkness and contributions will flow in to assist defending against these charges. Please read this article concerning this case as it was posted on AVN http://www.avn.com/index.php?Primary...tent_ID=270764 I hope that after reading this you will understand that this is much more than just another case against a few guys in Florida, but rather it is a veiled legal attempt to begin the process of outlawing all porn production not only in Florida, but eventually reaching across the country.

www.RayGuhnDefenseFund.com

On a personal note I wish to thank the industry for their support and emails and phone calls and im’s about this situation. I am truly grateful of everyone’s concern. I now understand what it means to be at the bottom of the barrel as I have lost everything, my job, my income and for the few that knew I had a daughter as of now the state has ended my rights to see her, so again if you don’t think this case is important for those of you who have children, please imagine not being able to see them again simply because you operated or worked for an adult business. If you think for one second it can’t happen to you as I did, WELL IT CAN! I am not sure if I will stay in the adult industry after all this is over. I have to consider the options and what I might have to do to regain custody of my daughter. I would like to talk to anyone that might need a general manager type, employee or sales rep to weigh my options. I will consider all offers as I have stated before I have no income and my savings is almost gone.

I will respond as I can to the replies of this thread I ask that it be bumped quite regularly if possible to keep this subject fresh in the minds of all webmasters.

Thank you in advance for your donations (www.RayGuhnDefenseFund.com) and emotional support and let’s ALL hope that when the sun sets Ray Guhn and his legal team’s fight to preserve our 1st Amendment freedoms for the adult industry are successful. Truth and the 1st amendment are on our side. The best 1st amendment team in the country is on the case, but the effort needs donations now to the legal fund to avoid being railroaded into a defeat that will shake the foundation of the adult industry.

Andy Craft aka Jim Manley
My old email is now gone so if you have it please delete and use iluvlivebabes@hotmail.com that is also my msn name and my ICQ # is 318490299

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Mitch Cumstein

JBM Cliff Notes:



Introduction:
Florida porn producers got pinched (news sources and superfluous SPAM to both affiliate program and surfer site included).

Brief Synopsis:
This is THE landmark case that we have all been waiting for. All of our futures depend on the outcome of this specific case.

BOTTOM LINE:
"I am asking everyone to donate to this fund..."


**Post extras**
Photo of the poster "Big Jim" included for your viewing pleasure.

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*KK*

They dont own the sites any more from what I've heard, so can it.

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Why

well producing in pensacola wasnt the best idea from the getgo.

move to europe people, where you can just be left the fuck alone.

12clicks

any truth to the rumor girls were hired to have sex with guys but the guys weren't paid as performers?

that sounds like a legal problem.

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Relentless on tax cuts-
It isn't more of your own money, because it wasn't your own money to begin with

Johnny Kleenexxx

WERD . . i'm open to offers if anyone needs a hook up

why take the risk producing in GW's backyard ?

The clever kids are ALREADY outsourcing to europe




( btw i already replied to this post at YNOT )

wyldblyss

I have a question. Did your daughter live with you at the time of the arrests or did she live with her mother and you just had visitation rights that have now been taken away from you?

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Kenny B!

I feel for you, and am damn glad to be in Canada!

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ken@iacash.com
icq: 53962376

justb

were you also arrested Big Jim?

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Rebekah
icq:165583547

Relentless

From what ive heard the issue stemmed from the site allowing members of the site (paid subscribers) to "attend parties" which were filmed for the site. The case is being made that such a scenario is tantamount to people paying $30 per month for a porn website AND the opportunity to have sex with females being paid to perform sex acts for profit.

I AM NOT AT ALL saying its right or that I agree with it, but is that an accurate statement of what the prosecution's case is?

Johnny Kleenexxx

"i love my cumonherface men"

IDs & Releases dont mean shit anymore . . its in the lap of the gods

EmporerEJ

Move to Europe?
Oh, yea, that's a good idea. Let them run us out.
No thank you.
I'm thinking it's time to stand up and defend the constitution.

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Eric J. White
Virtual Sex Machine-The future of Virtual Sex

poto

ok, you can fight the machine all you want

I'd rather just relocate... seems easier...

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...

Johnny Kleenexxx

well u bumped it . . so my 2 cents
it sounds good to "stay and fight" i agree . .

if they we're banging on YOUR door right now would you have the same opinion ?
if you owned a large "extreme" US program with multiple salaries to pay
would you put ALL your resources on the line fighting a bent system ?
or would you simply "outsource" your production overseas ?
we seem happy to outsource just about everything else in the bizz right ?

this isn't about "letting them run us out" . . it's the opposite imho,
it's about moving aspects of your business offshore (by choice) rather
than allow the Feds the pleasure of another politically beneficial bust.
i know some programs are looking at europe, they are the shrewd ones,
they are looking down the line for the future of their businesses.

YES, in an ideal world you would produce everything in the US
but we are not students in '68 here . . we are not really the people
in a position to make a big stink, we can't throw stones outta a glass house.
It will take millions of people NOT in porn (consumers) to unite and declare
"we love porn, we want our porn, leave our porn alone!" . . the sales figures
show they support the business, but publicly only a fraction will admit to using.

For the clever bunnies nothing will really change on the surface imho,
apart from . . the company is registered offshore, the content is produced offshore
the design is produced offshore, processing offshore, the hosting is offshore,
the bank accounts are offshore . .

BUT . . you can still reside in the good ol' US of A.

sound like a plan ?

Massage Parlor

That’s what I have heard as well: they do not own it any more. Anyway, the thing is that if it wasn’t for the money they would have not been arrested, I guess.

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Boogie

I have heard this defense many times and it just doesn't stand up? Are you saying only rich people get arrested? Most people tend to look at this the other way, that if you have money the courts go easier on you.

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Johnny Kleenexxx

idiot bumpage

Massage Parlor

No, not at all! What I am saying is that they become easy targets, especially in such circumstances.

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I am not working, for I leave it to my working girls , hardcore gay porn and porn video on demand

seb

Man. This happened a while ago. Back in the summertime

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LondonEscorts

Especially Eastern Europe. Nobody will ask you questions. Hire a local advocate for legal guidance and you can produce whatever you like. It’s cheaper.

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London Escorts provides business class escorts.

xcitetv

Prostitution in the UK is NOT illegal, however soliciting money in return for sexual acts IS.

if thats the same in the US (i dont know) then his defence should be that the girls did not offer sexual acts for money.
The guys who produced the films did offer money for sex. but they didnt partake in that sex ( i presume models did)
so in the UK that would be a good enough defence
the one thing we all have to watch out for in the UK is living of immoral earnings which any of us in the adult world could be prosocuted with

Looks like these guys are heading for a test case as someone found their site distastefull enough to cause a stink

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galin

well, where is this post going to!? did anyone get arrested!? if yes, why? and yes, in europe, porn is easy money. money will make the girls do anything.

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independent escorts uk; escort agencies; lap dance club; uk strip clubs

*KK*

Bot.

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Black Gay Porn

Don’t forget to mention that girls there will do it for a serious amount of money. I mean the Western ones, but beware; I heard the Eastern ones are better…

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Darthfather

And much cheaper. It's unbelievable what they’re ready to do for just 100 Euros.

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PornGorn

People have been hiring models to pose nude for hundreds

even thousands of years. You know the scene.

There is a lady up on a table posing nude while surrounded

by artist who are busy painting a picture of her.

That is NOT prostitution. It's art.

My 2 cents

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baddog

what does that have to do with the topic?

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PornGorn

Well baddog the topic as I see is simple

What is the definition of pornography

What is the definition of prostitution

What is the difference between the two

That is what the case seems to revolve around

Does paying a model to pose nude so you can take her picture
constitute prostitution?

NO. Not in my opinion.

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galin

definition of pornography: "Pornography (from Greek πόρνη (porne) "prostitute" and γραφή (grafe) "writing"), more informally referred to as porn or porno, is the explicit representation of the human body or sexual activity with the goal of sexual arousal. It is similar to, but distinct from erotica, which is the use of sexually arousing imagery used for artistic purposes only."

definition of prostitution: "The term prostitution refers to the act of having sexual intercourse, or performing other sexual acts, explicitly for material compensation—normally money, but also other forms of property, including drugs, expensive clothing, jewelery, or real estate."

difference: very subtle, or at least should've been. they're both money-making "activities", but the former one is a little more "artistic".

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baddog

Guess it shows you really aren't paying attention, but that's okay.

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PornGorn

Your right.

Never mind me.

I seldom know what I'm talking about.

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baddog

What does my right have to do with anything?

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galin

i needn't say what a girl would do here, in romania, for 100 euros. one weekend you can do whatever you want with her. and i mean it. the difference between pornography and prostitution here is huge.

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Darthfather

I know they are cheap but not that cheaper. You pushed the envelope a little, don’t you? I mean a week for 100E? C’mon, be serious!

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AlleyCash

Ray Guhn’s Lawyers File Motion to Define Community Standards
By Steve Javors
Monday, April 9, 2007



PENSACOLA, Fla. — Lawyers for adult webmaster Clinton McCowen, aka Ray Guhn, filed a motion April 5, petitioning the court to determine the nature and geographic scope of the community whose standards will be applied in McCowen’s obscenity case.
McCowen’s lawyer, Lawrence G. Walters, is challenging the application of local community standards to the Internet, on constitutional grounds. Walters argues that the relevant community must be the national community, rather than any state or local community.

The defense’s lengthy motion claims that the Internet can only be evaluated by national standards, given its global scope and inability to discriminate what locations can access adult content.

McCowen’s June 23 arrest on charges of racketeering, engaging in prostitution, and the manufacture and sale of obscene material culminated a months-long investigation into the operations of McCowen’s company, Global Technologies Inc., doing business as Ray Guhn Productions. McCowen’s website that he shot content for, CumOnHerFace.com, is part of the Cash Titans affiliate program, which he owned.

“Applying conservative community standards to adult content that is available globally via the Internet creates an unworkable burden on Internet operators,” Walters told XBIZ. “Essentially, if you use a small community’s standards and apply them to the Internet, it would effectively allow a small segment of the country to decide for all citizens what material is OK. To mount a defense, we need to know what standards are being applied in this case.”

According to Walters, the U.S. Supreme Court has struggled with the concept of using community standards on the Internet and has still not issued a definitive ruling on the subject. Additionally, a majority of the sitting Supreme Court Justices has expressed concerns about the application of local community standards to online materials.

Only a small handful of state-level obscenity cases are being prosecuted across the nation in relation to websites, Walters said, which is why he believes the McCowen case is critical and has the potential to set new precedence.

In the famous Miller vs. California case, the court ruled that the most sensitive jurisdictions should not be allowed to suppress the nature of materials available in communities where they are accepted or tolerated.

“We strongly believe that there is no longer a small independent community standard; we all share common experiences as a nation,” Walters said. “That wasn’t true 30 years ago, but with cellphones, instant messaging, email, etcetera, the vast majority of America experiences the same things and has become homogenized, in effect.”

The next step in McCowen’s case is for the judge to hold a hearing on the motion, which Walters expects to happen before the end of the month.

The case is Florida vs. Clinton R. McCowen No. 2006-CF-003151-C.


More updates to come!!

AlleyCash

They had been filming in canada for at least two years..

Johnny Kleenexxx

who bought Cash Titans ?

AlleyCash

no clue...

jimatcohf

PENSACOLA, Fla. — Prosecutors have charged adult webmaster Ray Guhn with money laundering, adding to existing obscenity, racketeering and prostitution charges filed last year.
Kevin Patrick Stevens, Andrew Kevin Draft, William Lee Beach and Thomas W. Dwyer also have been charged in the case. Jane Marie Dreka is being sought by authorities for arrest.

Prosecutors also have dropped Guhn's charges in Escambia County, where the case has been ongoing for a year, and re-filed them in Santa Rosa County, an act that his attorney Lawrence Walters told XBIZ is likely an attempt at venue shopping.

"I can only imagine that the prosecutors are trying to obtain an advantage by moving to another county to get a more favorable jury or judge," Walters said. "We have been litigating for a year in Escambia and we don't think it's appropriate to start over."

Walters also said that the new money laundering charges are more serious than any of Guhn's others. He said Florida law states that if a person profits from the commission of any crime — including obscenity — then the government can claim money laundering is taking place.

"If all material is presumed to be protected by the constitution until declared illegal by the judge or jury, then how could my client have had any idea that there was any attempt to money launder?" Walters said.

Walters' next priority, he said, is to have the case transferred back to Escambia County. He said that the state constitution declares defendants have the right to choose which venue in which to be prosecuted, as long as it is available, and Escambia County clearly is available.

Walters said he has filed a motion to transfer and expects a hearing to be scheduled next month.

He said that there is no case law that recognizes that the government can add money laundering charges and move the trial location. Though it's unfortunate that the charges have reached this extent, he said, this case is becoming more important.

"It's another groundbreaking precedent issue that this case may actually resolve," Walters said.

Guhn, whose real name is Clinton McCowan, was arrested last year on charges of racketeering, engaging in prostitution and the manufacture and sale of obscene material. The arrest culminated a months-long investigation into the operations of Guhn's company, Global Technologies Inc., doing business as Ray Guhn Productions. The website that he shot content for, CumOnHerFace.com, is part of the Cash Titans affiliate program, which he owned.

Assistant State Attorney Russ Edgar did not respond to an interview request by press time.

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poto

thanks for the update...

sound like their trying hard to railroad him... that changing venue and money laundering charges are some bullshit... hope he can beat it...

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maverick123

[quote=EmporerEJ;984388]Move to Europe?
Oh, yea, that's a good idea. [quote]

i agree

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Kenny B!

COHF and cash titans was sold to a new owner wasn't it? Anyone know if he plans to pay affiliates?

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icq: 53962376

Lexxie

Landmark case or not, for me personally, this whole thing just proves to me once & for all that the only thing you know about someone is the picture they want you to see. I have been friends of theirs for years, yet was totally clueless until it all hit the fan & the front page of the newspapers. If it was all no big deal & nothing wrong with it, why lie to everyone in your life about what you do for a living? All it accomplished was humiliating everyone they've had in their personal lives in a small area where everyone knows everyone else.

Alienq

What was all that?

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JMM

Someone's been using the google.

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CDSmith

Cash sent to the defense fund.

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zetra014

you're right

Pornwolf

The lawyer suggested he setup a legal defense fund?

Greedy fucker.

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DatsEvolution

In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause.

Attorneys and their accomplices, would have you believe, "the body of the crime itself" is "not applicable" or necessary to prove a crime was committed beyond a reasonable doubt. To attorneys and bureaucrats, we're all so stupid we'll believe them when they say a crime is not necessary for there to be a crime. This applies to some in the mainstream media as I have been told this information is not reported because "it is way over the head of the average reader."

Silly me, I thought a crime was necessary to prove a crime was committed. I guess it's necessary to go to an accredited law school to find out why a crime does not require a crime. And never forget hallucinations are part of being an attorney, bureaucrat and politician:

I'm not an attorney. Maybe the word "every" in "In every criminal trial, the prosecution must prove the corpus delecti" does not mean "every" in the common usage of the word, maybe it means only "some" or "in a select few at the discretion of a bureaucrat." Here are some "legal" definitions though:

"every. All of a collection or aggregate number..." Ballentine's Law Dictionary, page 423.

"EVERY. Each one of all..." Black's Law Dictionary, 4th Ed., page 655.

The Cambridge online dictionary also defines "every" as "all". I think that settles it, honest people will agree "every" means "all". Just for fun though, go ask your attorney friends to explain why "In every criminal trial" does not mean "In every criminal trial".

A friend of mine was accused of committing a crime, but was not accused of violating anyone's legal rights or causing damage or injury of any kind. She filed a motion to dismiss/strike the complaint for a lack of standing, no corpus delecti and no jurisdiction. The grounds were all supported by current "precedent" and "law" e.g.:

Ray: Am I entitled to a fair trial?
Judge: Yes you are.
Ray: Could I get a fair trial if there is a conflict of interest?
Judge: No you could not.
Ray: If there was a conflict of interest, would you recuse yourself?
Judge: Yes I would.
Ray: Who do you represent?
Judge: The State.
Ray: If you represent the state, and the state is the plaintiff, then you represent a party, isn’t that a conflict of interest?

This certainly will expose the fraud to everyone.
If a judge is going to "gleefully tell everyone in the court room "Yes, I represent the State and so does the prosecutor," then I say great! call the judge on it by asking how that’s not a conflict of interest. Even the uninformed will notice there is a problem if the judge and prosecutor represent the same party. Fraud exposed once again. Which is the point anyway.