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Main
Date: 06 Oct 2008 04:47:21
From: samsloan
Subject: Motion for Summary Judgment has been filed in Polgar vs. USCF
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The Motion for Summary Judgment has been filed in Polgar vs. USCF
http://rapidshare.com/files/151399940/polgar-summary-judgment-full.pdf
This 63 page motion includes my affidavit plus five exhibits:
Exhibit A ------ The Mottershead Report
Exhibit B ------ The Jones Report
Exhibit C ------- The Ulevitch Report
Exhibit D ------- The most relevant pages from the Truong Bankruptcy
Filing
Exhibit E ------- Page 105 of the book "Chess Bitch" by Jennifer
Shahade
Sam Sloan
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Date: 06 Oct 2008 06:49:27
From: samsloan
Subject: Re: Motion for Summary Judgment has been filed in Polgar vs. USCF
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
_______________________________________
=A7
SUSAN POLGAR, =A7
Plaintiff, =A7
=A7
v. =A7
=A7 Civil Action No. 5:08-CV-169-C
=A7 ECF
=A7 NOTICE OF
UNITED STATES OF AMERICA =A7 MOTION FOR
CHESS FEDERATION, INC. =A7 SUMMARY JUDGMENT
and =A7
BILL GOICHBERG, JIM BERRY, =A7
RANDY BAUER, and =A7
RANDALL HOUGH, all Individually and in their =A7
Representative Capacities as Members of the =A7
Executive Board of the United States of =A7
America Chess Federation; =A7
BILL HALL, Individually and in his =A7
Representative Capacity as Executive Director =A7
of the United States of America Chess =A7
Federation; =A7
BRIAN MOTTERSHEAD; =A7
HAL BOGNER; =A7
CHESS MAGNET, L.L.C.; =A7
CONTINENTAL CHESS INCORPORATED; =A7
JEROME HANKEN; =A7
BRIAN LAFFERTY; =A7
SAM SLOAN; =A7
KARL S. KRONENBERGER; and =A7
KRONENBERGER BURGOYNE, L.L.P.; =A7
=A7
Defendants. =A7
_________________________________________________=A7
Sam Sloan,
Defendant-Counter-Claimant
v.
Susan Polgar
Plaintiff-Defendant
Hoainhan =93Paul=94 Truong
Third-Party-Defendant
_________________________________________________
The Undersigned, Sam Sloan, hereby moves this court on the 6th day of
October 2008 under Rule 56 of the Federal Rules of Civil Procedure for
an order granting summary judgment, awarding damages to be determined
by the court and also removing Susan Polgar and Paul Truong from the
Executive Board of the United States of America Chess Federation and
invalidating the election by which they were elected to the board.
The grounds for this motion are that there is no triable issue of
fact, in that is it proven and Paul Truong and Susan Polgar do not
deny and have not denied that they both got elected to the board
through massive fraud upon the voters of the United States of America
Chess Federation, by among other things posting, sending and
transmitting more than 2,464 =93Fake Sam Sloan=94 Internet postings in
which Susan Polgar and Paul Truong impersonated Sam Sloan and other
chess personalities. Susan Polgar and Paul Truong have not denied
under oath making these 2464 postings. Therefore, there is no triable
issue of fact. No Not-for-Profit organization could tolerate having
board members who make such obscene, pornographic, derogatory and
defamatory Internet postings as Susan Polgar and Paul Truong have
made. In addition, the filing of this very lawsuit for $25 million in
damages while they are still on the board of the very organization
that they are suing is fully sufficient grounds to remove them from
the board. Plus, their complaint in this lawsuit is filled with false
and fraudulent claims. Therefore, there is no triable issue of fact,
summary judgment should be granted, the results of the election should
be invalidated and Susan Polgar and Paul Truong should both be removed
from the board.
Yours, etc.
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453-7877
1-917-507-7226
1-917-659-3397
[email protected]
Copy to:
James L. Killion
2521 74th Street
P.O. Box 64670
Lubbock, Texas 79464
William P. Huttenbach
HIRSCH & WESTHEIMER, P.C.
Bank of America Center
700 Louisiana, 25th Floor
Houston, Texas 77002-2772
Bill LaFont and Brent Hamilton
LaFont, Tunnell, Formby, LaFont & Hamilton, L.L.P.
P.O. Box 1510
Plainview, Texas 79073-1510
Brian Mottershead
118 Nowell Farme Road
Carlisle, MA 01741
Brian Lafferty
111 Cotton Place
Long Meadow, Mass. 01106
Hal Bogner and Chess Magnet, L.L.C.
P.O. Box 143
Half Moon Bay, California 94019
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
_______________________________________
=A7
SUSAN POLGAR, =A7
Plaintiff, =A7
=A7
v. =A7
=A7 Civil Action No. 5:08-CV-169-C
=A7 ECF
=A7
UNITED STATES OF AMERICA =A7 MOTION FOR
CHESS FEDERATION, INC. =A7 SUMMARY JUDGMENT
and =A7
BILL GOICHBERG, JIM BERRY, =A7
RANDY BAUER, and =A7
RANDALL HOUGH, all Individually and in their =A7
Representative Capacities as Members of the =A7
Executive Board of the United States of =A7
America Chess Federation; =A7
BILL HALL, Individually and in his =A7
Representative Capacity as Executive Director =A7
of the United States of America Chess =A7
Federation; =A7
BRIAN MOTTERSHEAD; =A7
HAL BOGNER; =A7
CHESS MAGNET, L.L.C.; =A7
CONTINENTAL CHESS INCORPORATED; =A7
JEROME HANKEN; =A7
BRIAN LAFFERTY; =A7
SAM SLOAN; =A7
KARL S. KRONENBERGER; and =A7
KRONENBERGER BURGOYNE, L.L.P.; =A7
=A7
Defendants. =A7
_________________________________________________=A7
Sam Sloan,
Defendant-Counter-Claimant
v.
Susan Polgar
Plaintiff-Defendant
Hoainhan =93Paul=94 Truong
Third-Party-Defendant
_________________________________________________
MOTION FOR SUMMARY JUDGMENT
Samuel H. Sloan, sued herein as Sam Sloan, being duly sworn, deposes
and says:
1. I hereby move under Rule 56 of the Federal Rules of Civil Procedure
for summary judgment. I am asking this court to award damages to me
and also to remove Susan Polgar and Paul Truong from the Executive
Board of the United States of America Chess Federation. The basis for
this motion is that it is a proven fact and Susan Polgar and Paul
Truong do not deny that they got elected through massive fraud upon
the voters of the United States of America Chess Federation, including
at least 2464 =93Fake Sam Sloan=94 postings in which Susan Polgar and Paul
Truong impersonated me and other chess personalities. Susan Polgar and
Paul Truong have not denied under oath making these 2464 postings.
Therefore, there is no triable issue of fact. No Not-for-Profit
organization with a membership that includes 30,000 children under the
age of 16 could tolerate board members who make such obscene,
pornographic, derogatory and defamatory postings as Susan Polgar and
Paul Truong have made. They would not have been elected had the voters
realized that it was them, and not me, who were doing this. In
addition, the filing of this very lawsuit for $25 million in damages
while they are still on the board of the very organization that they
are suing is fully sufficient grounds to remove them from the board.
Plus, their complaint in this lawsuit before this court is filled with
false and fraudulent claims. Therefore, there is no triable issue of
fact, summary judgment should be granted, the results of the election
should be invalidated and Susan Polgar and Paul Truong should be
removed from the board. The United States of America Chess Federation
is in the process of preparing a petition to be filed in the Illinois
State Courts to do the same thing, but this court also has
jurisdiction to do this, as all concerned parties are before this
court now.
2. The court will likely find it shocking and even ridiculous that
anybody would move for summary judgment in a case that was just filed
with a completely undeveloped record with no answers filed, no
discovery, and limited pleadings. However, this case is only the most
recent case based on essentially the same facts. There have been five
cases thus far all based on essentially the same facts and more are
expected. Counting all these cases, this litigation has already been
pending for more than one year. Also, the United States of America
Chess Federation, an organization with 86,000 members, is being rent
asunder by this litigation, with tens of thousands of dollars in
attorney's fees being expended. The USCF is on the verge of financial
collapse or even bankruptcy because of this litigation.
3. More than that, the most important operative fact is proven
conclusively, not merely by the preponderance of the evidence, not
merely beyond reasonable doubt, but absolutely 100% proven, no doubt
at all, that Susan Polgar and her husband Paul Truong are =93The Fake
Sam Sloan=94, as that entity has come to be called. =93The Fake Sam Sloan=
=94
is an entity who signed my name to thousands of Usenet newsgroup
Internet postings which were defamatory, pornographic, misogynistic,
vile and vicious personal attacks on almost every prominent chess
personality other than themselves and Joel Channing. The fact that
=93The Fake Sam Sloan=94 attacked almost everybody except for Paul Truong
and Susan Polgar was an important but long ignored clue that they were
doing this. They even attacked people who were trying to help them,
such as Sam Sloan and Don Schultz. They also attacked all of the
female chess rivals of Susan Polgar.
4. Attached hereto as Exhibits A, B and C are the three reports that
prove conclusively that it was Paul Truong who was doing this. None of
the authors of these three reports are active tournament chess
players. None of them know or have ever met Susan Polgar or Paul
Truong. In short, they have no stake in the outcome of this
controversy. One of them was David Ulevitch, an Internet expert
contacted by The New York Times prior to the first report by the Times
on this story.
5. These three reports do not even mention the name of Susan Polgar
and only one of them mentions the name of Paul Truong. However, one
has to know that Paul Truong is the same as =93ChessPromotion=94 and
=93ChessMarketing=94. We know this conclusively because =93ChessPromotion=
=94
was the user name Paul Truong used to register on the USCF Issues
Forum and that forum is closed to all but USCF Members. In addition,
one was required to register personally with Mike Nolan, who provided
the password. Paul Truong campaigned extensively for election to the
USCF Board of Directors using the name =93ChessPromotion=94, so we know
that this was him. He is married to and lives with Susan Polgar, who
was also campaigning with him for the USCF Executive Board, without
revealing that they were married to each other. The Mottershead Report
proved conclusively through IP addresses, user agent strings, the type
of computer and website browser used and a variety of other matching
evidence that the =93Fake Sam Sloan=94 and =93ChessPromotion=94 were the sa=
me
entity. Since we know that Paul Truong was =93ChessPromotion=94, we know
that Paul Truong was The Fake Sam Sloan.
6. Susan Polgar is tied into this because they were married, living
together, using the same computers and so on. The acclaimed book
=93Chess Bitch=94 by Former US Woman's Champion Jennifer Shahade, a book
about female chess players, explains on page 105 how Susan Polgar and
Paul Truong have vastly different personalities and writing styles but
they sign each other's names and use the same computers, so they have
a =93shared Internet and literary persona=94 which explains why they have
become known in the Chess World collectively as =93Trulgar=94. A copy of
that page of the book is annexed as Exhibit E. A more common spelling
for the same term is =93Trollgar=94.
7. That book may be the explanation for a mystery, which is: Why does
The Fake Sam Sloan attack Jennifer Shahade so viciously? The attacks
on Jennifer Shahade are pornographic and so obscene that they cannot
be quoted in this pleading. Here is a video made during the USCF
Delegate's meeting in Dallas on August 9, 2008, showing Bill Hall,
USCF Executive Director, reading especially obscene postings by the
=93Fake Sam Sloan=94 in which the Fake Sam Sloan attacked former US
Woman's Champion Jennifer Shahade. If you play this video, be prepared
to be deeply offended. It is posted on Google videos, but is not
searchable in the index:
http://video.google.com/videoplay?docid=3D6138728192537752772&hl=3Den
8. This video demonstrates why this motion for Summary Judgment must
be granted. No public not for profit corporation with 30,000 children
as members could possibly tolerate having persons on the board who
would write such obscene, vile and vicious personal attacks on a USCF
employee, which Jennifer Shahade now is. Indeed, we must be thankful
that Jennifer has not yet sued the USCF for this. Any time a member of
the board of any corporation makes disparaging remarks about an
employee of that corporation, the corporation can be sued. Here, the
remarks about Jennifer Shahade are more than merely disparaging. They
are pornographic and obscene. (This is one reason why the video that
opposing counsel here refers to as =93a questionable DVD related to
Polgar's divorce proceedings in New York=94 is relevant to this case.)
9. It may seem at first that this motion for Summary Judgment cannot
be granted because Polgar and Truong will deny that they are =93The Fake
Sam Sloan=94 and this will create a triable issue of fact. However,
Polgar and Truong HAVE NOT DENIED THAT THEY ARE THE FAKE SAM SLOAN.
Indeed, that is the whole point. Shortly after I filed my lawsuit in
the Southern District of New York, Chubb Corporation, who had been
providing Directors and Officers Insurance to the USCF, retained
counsel to represent the board members, including Polgar and Truong.
The assigned counsel asked them to sign affidavits denying that they
were the Fake Sam Sloan and denying that they were in any way involved
in the obscene Fake Sam Sloan postings. Naturally, the assigned
counsel expected them to sign the affidavits as a matter of course.
However, THEY REFUSED TO SIGN.
10. Now, suddenly, their refusal to sign an affidavit denying that
they were the Fake Sam Sloan threw everything into a tizzy. Their
assigned counsel withdrew from representing them, and they were
assigned new counsel. Also, the USCF hired its own attorney to
investigate the Fake Sam Sloan postings. Polgar and Truong have
refused to cooperate with that attorney as well. This new attorney, a
renowned Internet expert, also examined the Fake Sam Sloan postings
and came to the same conclusion that all the others had done, that
Paul Truong did it. That attorney and his law firm have now been named
as defendants in this suit, and this explains Susan Polgar's
allegation that the defendants =93are trying to strip her=94 of her
insurance benefits.
11. The Lubbock Avalanche Journal for September 28, 2008 in an article
entitled Defendants seek dismissal of suit filed by chess champ Polgar
reported, =93Truong has repeatedly denied his claims=94.
12. However, this is not true. All of Truong's =93denials=94 have been non-
denial denials. For example, Truong will say, =93That was based on
evidence that was illegally obtained=94. Essentially, Truong is claiming
that the USCF Website Administrator, Brian Mottershead, and no right
to investigate the Fake Sam Sloan postings and that, after Mottershead
discovered that Paul Truong was responsible for the postings, it was
=93illegal=94 for Mottershead to disclose his findings because he was
bound by a Non -Disclosure Agreement. Both claims are bogus. The Fake
Sam Sloan postings, signing my name and the names of other chess
personalities to thousands of obscene newsgroup postings, was illegal
and for Mottershead to cover up that crime would have been illegal as
well. In addition, the Fake Sam Sloan had repeatedly called Brian
Mottershead an obscene epithet. Since Brian Mottershead was the USCF's
website administrator and he naturally wanted to know who was calling
him these bad words and his position as administrator gave him the
ability to find out who was doing it, he investigated it. and found
out that it was Truong.
13. Another example of a non-denial denial by Truong is: He will say,
=93I didn't do it=94. However, Truong fails to define what the =93it=94 is
that he did not do. He made a similar statement at the USCF Delegates
Meeting in Dallas on August 9, 2008. Many people who attended thought
they heard Truong denying that he had made the Fake Sam Sloan
postings. They were in most cases hearing Truong for the first time
and they did not listen carefully to his exact words. He qualified his
denials in such a way as to make them meaningless. The video is
available and it can be played back to hear his exact words.
14. For this reason, the USCF Defendants have been demanding from
Truong a written sworn affidavit stating whether he is or is not the
Fake Sam Sloan. Truong has refused to comply or to sign. The reason is
obvious. Truong is guilty. Once he provides that affidavit, be can be
charged with perjury.
15. I am stating here and now, under oath, and I will come to Texas to
testify to the same if necessary, that Susan Polgar and Paul Truong
are equally guilty of the Fake Sam Sloan postings. I can say that
because of my knowledge and experience with these two persons. I have
known Paul Truong for 28 years since 1980 when I defeated him in a
tournament chess game held at the House of Spain in New York City. I
have known Susan Polgar for 23 years since I met her in a chess
tournament organized by defendant Bill Goichberg at the Manhattan
Chess Club in 1985. I became personally involved with Susan Polgar in
1986 and stayed at her apartment in Budapest Hungary. I traveled the
world with her, even taking her on a trip to Argentina. Few people
know her as well as I do or as long as I do. I am quite aware of her
activities over the years, having been her prime supporter and booster
over the years. I am here stating under oath that SHE DID IT.
16. These postings are now contained in a file entitled fake-sam-
sloan.txt that is now available on the Internet.
http://www.mottershead.info/uscfdocs/fake-sam-sloan.txt This is a 5mb
file thousands of pages long and therefore is not included here. Each
of these 2464 Internet postings were cross-posted to two and sometimes
three or four Internet newsgroups and thus there were more than 5,000
postings altogether. These postings have been the subject of 12
articles in the New York Times plus articles in the Lubbock Avalanche
Journal and other newspapers around the world. There have been dozens
of blogs and websites devoted to this issue.
17. The Mottershead Report ends with a posting dated September 26,
2007. This is because the report was submitted to USCF President Bill
Goichberg on that date. However, postings by the Fake Sam Sloan have
continued, although their numbers are far fewer now. There was one
only a few days ago. At their peak, there were one or two hundred per
day.
18. Their characteristics are that most of the Fake Sam Sloan postings
concern sexual matters such as penis size, breast size, sexual
practices and preferences, who is sleeping with whom, lesbianism and
related topics. They rarely use dirty words, but they convey dirty
ideas. A good example is the first item in the Mottershead Report:
Vote for me and I'll show you my 4 1/4 inch powershooter.
Sam Sloan
19. They use email addresses that sound like my address but are not
actually my address. For example, they have used
[email protected] , [email protected] and [email protected] . My
actual addresses have been [email protected] , [email protected]
and [email protected] . The Fake Sam Sloan has never used any of
those latter addresses.
20. Since Brian Mottershead was able to prove through IP Addresses
that Paul Truong was the Fake Sam Sloan, Truong has started using
anonymous re-mailers: dizum.com and bananasplit.info . I have never
used an anonymous remailer and I do not even know how to use one. When
I post something, I want it to be read by the widest possible audience
and to stay on the web permanently. The postings on anonymous
remailers dizum.com and bananasplit.info are automatically deleted
after six days.
21. Only two weeks ago, on September 21, 2008, the following was
posted on rec.games.chess.politics:
I am too much of a gentleman to reveal the locations of Krush's two
distinctive birthmarks.
To find out more, you will have to wait until I publish my book "What
Irina Krush Could Teach You". It will be available from Amazon later
in 2008.
Sam Sloan
22. Although we do not have the proof yet that Polgar and Truong
posted this, it is so typical of the kinds of things that they post
and nobody else does that it is almost certain that they did this.
Irina Krush, age 25, is the top rated woman chess player in the United
States. Up until now, Truong and Polgar have left her alone, rarely
attacking her. Susan must be mad at her about something now. The above
was posted from dizum.com , an anonymous remailer. This recent posting
dated September 21, 2008 is irrelevant to the point that the postings
by =93The Fake Sam Sloan=94 a/k/a Polgar and Truong from June 2005 through
July 2007 helped to get them elected and me defeated. I cite it here
merely to point out that =93The Fake Sam Sloan=94 is still active and is
unrepentant and unafraid, in spit of all of the lawsuits.
23. Truong and Polgar like to attack themselves, although never using
their actual names. There are hundreds of these self attacks on
http://susanpolgar.blogspot.com . These are intended to gain sympathy
for themselves and to add credence to their claims that they are being
persecuted. Here is one example from the Mottershead Report:
Thanks for destroying the first couple for everyone. We can't allow
them to have power, can we? We need to stick together and get rid of
all the freaking foreigners. Saludos!
24. Here is another one from the height of the election campaign. It
is posted supposedly =93anonymously=94 but it fits the pattern of postings
by Polgar and Truong. We know that they are doing this because there
is no anti-foreigner element in the USCF. We in the USCF want more
people to come from other countries to play in our tournaments. Almost
all of the top rated chess players in the USA are from other countries
and we want more of them to come here. Here is a typical comment from
the Susan Polgar Blogspot at:
http://susanpolgar.blogspot.com/2007/07/q-about-chess-and-uscf.html
=93They should not be allowed to run for the USCF Executive Board
either. The USCF should be run by Americans who understand America. We
must keep women and foreigners out of the USCF. I support Sam Sloan,
Jim Berry, Joe Lux and Don Schultz. President Goichberg agrees with 3
of my choices too.=94
25. These postings, of which there were hundreds, were intended to
create a backlash. Sam Sloan, Jim Berry, Joe Lux and Don Schultz were
their election opponents.
26. Kindly bear in mind that the examples I am providing here are only
the relatively =93clean=94 postings by Polgar and Truong. I dare not post
any of the really dirty stuff here, because then I would get into
trouble with the courts. For that, you have to read the report at:
http://www.mottershead.info/uscfdocs/fake-sam-sloan.txt
27. They conducted their election campaign on an entirely fraudulent
basis and I am asking this court to remove them from the board.
Throughout their election campaign, they claimed to be immensely
financially successful. Truong claimed to be a millionaire businessman
who has been able to retire at age 32. Polgar constantly claimed to
have donated hundreds of thousands of dollars to girls in chess. In
reality, all of this was utterly false. Almost all of their income was
from the monthly child support check in the amount of $1250 that Susan
Polgar receives from her ex-husband, Jacob Shutzman. It is, of course,
reprehensible that Paul Truong was living off of the child support
check that his wife receives, when that money was supposed to be going
for the benefit of the two children, Tom and Leeam.
28. Truong and Polgar got elected by claiming that they were in
contact with millionaire businessmen who were going to donate millions
of dollars to the USCF once Polgar and Truong got elected. They
specifically named Eric Moskow and Erik Anderson as two millionaire
businessmen who were going to donate millions of dollars to the USCF
because of them. Since winning the election, both Erik Anderson and
Eric Moskow have been interviewed by The New York Times and both have
stated that they have absolutely no intention of providing any money
to Polgar and Truong or to the USCF as long as Polgar and Truong are
on the board. The results of these interviews are published on the
www.nytimes.com website.
29. Not only was Truong not the millionaire businessman he claimed to
have been while running for the board, it has been discovered that he
filed for bankruptcy during the election campaign. Truong filed for
Bankruptcy on June 22, 2007 in the Eastern District of New York, Case
No. 07-43368 (DEM). The most relevant pages of the Truong Bankruptcy
Petition are annexed hereto as Exhibit D, especially page 22 where he
states that he personally has zero income and that he lives off of his
wife, who gets $830 monthly from business activities and $1250 in
child support. Now compare this with what they said during their
election campaign. Here are a few quotes from Paul Truong, Susan's
spokesman:
Thank you for bringing up this point. USCF does not pay me any cash
for my appearances. US Chess Trust also does not pay me any cash for
my appearances to help do fundraising for them. In fact, I have
fronted a lot of my own money for a number USCF activities including
the Women's Olympiad Program. Since January 2003, I have spent about
$100,000 of my own time and money for various activities to help US
Chess. I have also donated a lot of work for USCF for Chess Life
without charge. In some events, USCF paid for my airfare and hotel and
in some other events, I paid myself.
http://groups.google.com/group/rec.games.chess.politics/msg/69b7fc7bb10ebe4=
2?
by ChessPromotion (Paul Truong) on Tue Apr 10, 2007 5:33 am #39241
"I started my professional career in June 1987 and I retired sometimes
in 2001. Now I do things for chess because I love this game and what I
can do, no one else can. It is not because I am smarter but because I
have the experience in these fields and I know chess.
"What was my specialty in business? I saved companies or turned around
companies. Companies sometimes have divisions, subsidiaries, products,
business or projects that are not working. They hire me to come in to
analyze the situation to pinpoint the problems and come up with
effective solutions. Then they have 2 choices: Get someone who can fix
the problems or ask me to do it. The companies that I dealt with were
all multibillion dollars companies. I was quite good in what I did and
I have to say that it is because of chess. That is why I am working so
hard right now to promote the benefits of chess and education."
http://main.uschess.org/forums/viewtopic.php?p=3D39241#39241
30. In reality, all of this was false. Polgar and Truong had no money,
much less $100,000 to donate. They were making their living by threats
and blackmail, extorting money from the USCF. They were showing up at
events to which they had not been invited and then demanding to be
paid for their appearances. They were demanding to be paid $50,000 for
=93training=94 the Woman's Chess Olympiad Team when, according to the book
=93King's Gambit=94 by Paul Hoffman, pages 222-223, the =93training=94
consisted of Paul Truong telling the woman chess grandmasters what to
do during their menstrual periods and also telling them that they
would make millions of dollars from the event. As the result of their
constant threats and blackmail, the USCF did ultimately pay them
$20,000, plus made another payment of $13,358.36.
31. In his bankruptcy filing on June 22, 2007, Truong committed
bankruptcy fraud because he declared that he had zero income other
than the meager income of his wife, but Truong had just been hired by
Texas Tech University at a salary of $75,000 per year and had received
his first pay check dated June 1, 2007. Susan Polgar gave a copy of
that pay stub to the board, claiming that this somehow proved that
Truong could not have been the Fake Sam Sloan.
32. In addition to committing the fraud upon the voters in the USCF
Election that got them elected and committing fraud upon the US
Bankruptcy Court, they are also committing fraud upon this court, the
United States District Court for the Northern District of Texas,
Lubbock Division, by filing this lawsuit. Take a look at page 10 of
her complaint, where she says that she =93became the first chairman of
the federation=94 because of the =93nationwide showing of support by USCF
members=94. What really happened is that the same board members that she
is suing here now gave her the new, honorary title of =93Chairman of the
USCF=94, because she said that with this title she would go out and
raise millions of dollars for the USCF. When, after several months,
she had not raised any of the promised funds and had actually tried to
use her title to divert funds away from the USCF and into her own
=93Susan Polgar Foundation=94, plus in Mexico City in September 2007 she
had asked FIDE officials to remove the USCF as the official
representative of the United States of America and to replace it with
her =93Susan Polgar Foundation=94, the board took that title of =93Chairman
of the USCF=94 away from her.
33. In short, the same people who gave her the title took it away, due
to her poor performance.
34. Her lawsuit filed in this court is filled with absurd and
ridiculous claims such as her claim to have won the Woman's World
Championship four times, when she only one it once, and to have won
the =93Triple Crown=94 in chess when there is no such title. There have
even been discussions on rec.games.chess.politics comparing Susan
Polgar to Captain Queeg in the movie =93The Caine Mutiny=94. Susan
Polgar's claims are so far away from reality that the question has
become: Is Susan Polgar delusional and paranoid, or is she just a
liar? How can any rational person keep claiming that she won chess
events and titles that she did not win? How can anybody claim that she
is being persecuted and that there is this vast, far-reaching
conspiracy against her, allegedly because she is =93a woman and of
foreign descent=94, when she has been given far more breaks than any
other chess player has ever been given?
35. Ever since Polgar and Truong were elected to the board, the USCF
has been torn apart by their presence on the board and, more recently,
by this lawsuit. The normal activities of the board have ground to a
halt. In addition, there is another election coming up. Polgar and
Truong will be running a new slate of four candidates. They do not
need to run themselves, as they were elected to four year terms in
2007. If at least two members of their slate is elected, they will
have complete control of the $3.2 million in annual revenues that the
USCF receives. In view of their established history of extorting money
from the USCF, one can well imagine what will happen to that $3.2
million if they ever get their hands on it. Polgar and Truong must be
removed from the board now and must be enjoined from running for the
board again.
36. This Motion for Summary Judgment under Rule 56 of the Federal
Rules of Civil Procedure is based on the following facts and there are
no triable issues of fact:
(1) Susan Polgar and Paul Truong cannot be permitted to remain on the
board of the United States of America Chess Federation for as long as
they are suing the United States of America Chess Federation for $25
million. This has created an impermissible conflict of interest.
Therefore, they must be removed from the board.
(2) Susan Polgar and Paul Truong got elected by making at least 2,464
=93Fake Sam Sloan=94 postings to the Internet in which they attacked
almost all chess personalities other than themselves and in which they
signed the name =93Sam Sloan=94 and the names of other well known chess
personalities. They have never denied making these postings.
(3) Susan Polgar and Paul Truong committed massive fraud upon the
voters during the election campaign by claiming to be wealthy
individuals with vast business experience and to have made millions in
business and to have donated hundreds of thousands of dollars to
chess. None of this was true. They had accomplished almost none of the
things that they claimed to have accomplished. Paul Truong filed for
bankruptcy during the election campaign with his wife, Susan Polgar,
paying the filing fees. (See Page 16 of Exhibit D.) Virtually their
only income was the $1250 child support check that Susan Polgar's ex-
husband Jacob Shutzman sent her every month.
(4) Virtually everything about Susan Polgar and Paul Truong is false
and fraudulent. Susan Polgar did not win most of the chess titles she
claims to have won (although she did win some of them). Paul Truong
did not rescue and save the =93multibillion dollar companies=94 he claims
to have rescued and saved. Paul Truong does not have the Ph.D. degree
he claimed to have had.
(5) The United States of America Chess Federation is being destroyed
by the actions of Paul Truong and Susan Polgar. The USCF Delegate's
Meeting held in Dallas Texas on August 9, 2008 was almost entirely
concerned with the =93Fake Sam Sloan=94 issues and with the problems
caused by Polgar and Truong. The normal functioning of the board has
ground to a halt. The USCF is being required to spend tens of
thousands of dollars in legal fees to defend the lawsuits brought on
by actions by Polgar and Truong, and more are expected. The USCF, an
organization with 86,000 members, is on the brink of financial failure
because of the actions of Polgar and Truong.
WHEREFORE, for all of the reasons set forth above:
1. This motion for summary judgment should be granted.
2. Susan Polgar and Paul Truong should be removed from the Board of
Directors of the United States of America Chess Federation and should
be forever enjoined from running for the board or serving on the board
again.
3. The election by which Susan Polgar and Paul Truong were elected to
the board should be declared invalid.
4. Damages should be awarded as to be determined by this court.
_______________________
Samuel H. Sloan
1664 Davidson Ave., Apt. 1B
Bronx NY 10453-7877
1-917-507-7226
1-917-659-3397
[email protected]
STATE OF NEW YORK )
ss:
COUNTY OF BRONX )
VERIFICATION
1, the undersigned, the petitioner named in the foregoing affidavit,
being duly sworn, says:
I have read the foregoing affidavit subscribed by me and know the
contents thereof and the same is true of my own knowledge, except as
to those matters herein stated to be alleged upon information and
belief and as to those matters I believe it to be true.
__________________________________
Signature of Defendant-Counter-Claimant
On the 6th Day of October, 2008 before me personally came Samuel H.
Sloan to me known to be the person described herein and who executed
the foregoing instrument. Such person duly swore to such instrument
before me and duly acknowledged that he executed the same.
_____________________________
NOTARY PUBLIC
On Oct 6, 7:47=A0am, samsloan <[email protected] > wrote:
> The Motion for Summary Judgment has been filed in Polgar vs. USCF
>
http://rapidshare.com/files/151399940/polgar-summary-judgment-full.pdf
>
> This 63 page motion includes my affidavit plus five exhibits:
>
> Exhibit A =A0------ =A0The Mottershead Report
>
> Exhibit B =A0------ =A0The Jones Report
>
> Exhibit C =A0------- =A0The Ulevitch Report
>
> Exhibit D =A0------- =A0The most relevant pages from the Truong Bankruptc=
y
> Filing
>
> Exhibit E =A0------- =A0Page 105 of the book "Chess Bitch" by Jennifer
> Shahade
>
> Sam Sloan
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Date: 06 Oct 2008 12:07:13
From: foad
Subject: Re: Motion for Summary Judgment has been filed in Polgar vs. USCF
|
"samsloan" <[email protected] > wrote in message
news:3d993df1-f7b4-41ec-a43a-8efd25df23fc@t41g2000hsc.googlegroups.com...
> Sam Sloan
Those who fail to learn history are doomed to repeat it, viz.:
"Instead, the complaint largely interweaves purported "facts" with Sloan's
own subjective rantings and commentary about defendants and their alleged
shortcomings. For the most part, these are simply personal, vindictive, and
nonsensical attacks that do not belong in a pleading filed in a judicial
proceeding."
DENNY CHIN
United States District Judge
2008 U.S. Dist. LEXIS 67469
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