Cease and Desist?

**sans_souci** Thu Feb 02, 2012 7:21 am

Much rejoicing and waving of pitchforks.

The reason? What purports to be a "cease and desist" letter.

http://missingmadeleine.forumotion.net/t18886-cease-and-desist-letter-issued-to-gerry-and-kate-mccann

http://womenincrimeink.blogspot.com/

Which is in fact a plea that Ms Brown be allowed to continue making money off the back of a missing little girl and her grieving parents. Oh - and fund her hobby, with a holiday to "yurrup" thrown in for good measure.

My thoughts? It has taken a while. I can just imagine the amount of whining Bremner has had to put up with to persuade her to write that letter.

She is clearly so "au fait" with the case, and has researched it so well, that she has addressed the letter to Isabel Duarte at Carter Ruck. That will cause a bit of puzzlement there.

But most important, this is not a "cease and desist" letter - it is a plea for her "client" to be allowed to continue selling her book via Amazon.

I am sure this will keep us all entertained for a while today. Until realisation dawns in pitchfork land.

For a proper "cease and desist letter", see Carter Ruck letter to Bennett.

**lily** Thu Feb 02, 2012 7:39 am

Oh dear. Well, Anne Bremner's off to a good start, isn't she? Pcorneater

**lily** Thu Feb 02, 2012 8:09 am

Sans, was the profile only pulled from Amazon UK? It is still for sale on Barnes & Noble's site - and this is the premier book seller in the US.

**Sabot** Thu Feb 02, 2012 8:29 am

Extract from said Letter.

"Therefore, it is extremely important that each and every case be properly analyzed and understood so that wrong ideas aren’t promulgated and funding and efforts are wasted investigating such crimes improperly."

**lily** Thu Feb 02, 2012 8:48 am

Sabot wrote:
Extract from said Letter.

"Therefore, it is extremely important that each and every case be properly analyzed and understood so that wrong ideas aren’t promulgated and funding and efforts are wasted investigating such crimes improperly."

Oh the irony, Sabot. Rolling Eyes

**Sabot** Thu Feb 02, 2012 9:04 am

Indeed, Lily. So much for Anne Bremner. It took me about one minute to spot that, so no doubt Carter Ruck will as well. That one sentence proves the whole point of The McCann's actions.

And as for addressing The Letter to Isabel Duarte, that proves Pat Brown's complete ignorance of the facts of The Case.

If I were Carter Ruck I would ignore that letter, or at best inform the relevant parties that their comments have been received and noted. But far be it from me to advise Carter Ruck.

**sans_souci** Thu Feb 02, 2012 9:43 am

I think I might be tempted to pass the letter to Isabel Duarte for her to respond directly to Bremner.

In Portuguese.

**Sabot** Thu Feb 02, 2012 9:58 am

sans_souci wrote:I think I might be tempted to pass the letter to Isabel Duarte for her to respond directly to Bremner.

In Portuguese.

That thought did cross my mind. Sans, but if Isabel Duarte were to respond, this might open a dialogue.
However, Carter Ruck might have some difficulty in opening this letter since it is not addressed to anyone who works for them. Presuming it is in Hard Copy, of course. In fact, if it was sent Recorded Delivery, they wouldn't even be able to accept it. That would be a laugh.

Having read The Letter I note that it contains several anomalies, so now I wonder if Anne Bremner actually knows what she is doing. Or perhaps she is being clever. She is hardly a stupid woman, so she must know what she has said..

And I can't help wondering how much that cost Miz Brown.

**Sabot** Thu Feb 02, 2012 10:42 am

honestbroker wrote:
lily wrote:Sans, was the profile only pulled from Amazon UK? It is still for sale on Barnes & Noble's site - and this is the premier book seller in the US.

It was pulled by Amazon US as well.

But (comparatively) is there much interest in the US in Madeleine's disappearance?

Websleuths closed The Madeleine Discussion back in 2008 because it was being invaded by The Hate Fest, mostly from Britain. There is some interested but this is not encouraged, probably due to UK Libel Laws being a bit different.
Websleuths is a very well run Site which actually works on the principle of Innocent until Proven Guilty.

PS. They actually get a bit pissed off if they have to remove posts for Libellous Comments. But they do this in other Cases as well.

**sans_souci** Thu Feb 02, 2012 10:55 am

Sabot wrote:
sans_souci wrote:I think I might be tempted to pass the letter to Isabel Duarte for her to respond directly to Bremner.

In Portuguese.

That thought did cross my mind. Sans, but if Isabel Duarte were to respond, this might open a dialogue.
However, Carter Ruck might have some difficulty in opening this letter since it is not addressed to anyone who works for them. Presuming it is in Hard Copy, of course. In fact, if it was sent Recorded Delivery, they wouldn't even be able to accept it. That would be a laugh.

Having read The Letter I note that it contains several anomalies, so now I wonder if Anne Bremner actually knows what she is doing. Or perhaps she is being clever. She is hardly a stupid woman, so she must know what she has said..

That was a plea, not a "cease and desist" letter. In it she is asking Carter Ruck to remove their objection to Amazon offering her book for sale.

I suggest that Brown has been badgering her to "do something". And this is it.

score: 2/10.
And I can't help wondering how much that cost Miz Brown.

**lily** Thu Feb 02, 2012 10:55 am

It's always a great start to any proposed legal battle to get your facts badly wrong.

I think it would be a freebie to B$own?

Oh yes, sans. Perfect in Portuguese. thumbsup

HB, not really. The big reason for her wanting it on Amazon UK, as we all know, was for it to be linked in with Kate's and to hopefully (for her) to sell as many.

**bb1** Thu Feb 02, 2012 11:10 am

Why on earth has it been sent to Isobel Duarte? They may as well have sent it to Santa.

And I thought Bremner was some kind of high-powered attorney?

She ought to know that niether Portugal nor the UK come under US law, so the First Amendment does not apply.

Silly besoms.

**Sabot** Thu Feb 02, 2012 11:13 am

sans_souci wrote:
Sabot wrote:
sans_souci wrote:I think I might be tempted to pass the letter to Isabel Duarte for her to respond directly to Bremner.

In Portuguese.

That thought did cross my mind. Sans, but if Isabel Duarte were to respond, this might open a dialogue.
However, Carter Ruck might have some difficulty in opening this letter since it is not addressed to anyone who works for them. Presuming it is in Hard Copy, of course. In fact, if it was sent Recorded Delivery, they wouldn't even be able to accept it. That would be a laugh.

Having read The Letter I note that it contains several anomalies, so now I wonder if Anne Bremner actually knows what she is doing. Or perhaps she is being clever. She is hardly a stupid woman, so she must know what she has said..

That was a plea, not a "cease and desist" letter. In it she is asking Carter Ruck to remove their objection to Amazon offering her book for sale.

I suggest that Brown has been badgering her to "do something". And this is it.

score: 2/10.
And I can't help wondering how much that cost Miz Brown.

Yes, It is just a plea, Sans. Hardly worth the paper it is written on, but still involving time and expense. Do you think that this would serve in a run up to a Court Case if Carter Ruck or The McCanns fail to comply with the request?
Carter Ruck aren't going to do this, especially since Anne Bremner's Letter contradicts itself.
So what next can she do?

**bb1** Thu Feb 02, 2012 11:14 am

I would also point out that no-one knows if Gonc's trial will be in April. Some WUM on Brunty's blog started that rumor, and it's been taken as a TROO FACT>

**lily** Thu Feb 02, 2012 11:18 am

I think it's one of those 'noise' things. Try to scare the McCanns into doing what she wants? Although I wonder how Bremner would enjoy the legal complications?

**Maggs** Thu Feb 02, 2012 11:21 am

bb1 wrote:Why on earth has it been sent to Isobel Duarte? They may as well have sent it to Santa.

And I thought Bremner was some kind of high-powered attorney?

She ought to know that niether Portugal nor the UK come under US law, so the First Amendment does not apply.

Silly besoms.

I bet Isabel Duarte would have loved to have taken Bremner on Comeonthen

Reading that crap, you can see Bennett speech all the way through it.
Is Bremner a nutcase, like Bennett?
I wonder if she has read any of Brown$ posts?
Perhaps someone should send a few, especially the one where she said Gerry had bought remains back to the UK.

abremner@staffordfrey.com

**bb1** Thu Feb 02, 2012 11:23 am

The whole thing:

http://womenincrimeink.blogspot.com/2012/02/press-release-cease-and-desist-letter.html

PRESS RELEASE

Gerry and Kate McCann, parents of the missing Madeleine McCann, find themselves for the first time at the other end of a potential legal action. Top defense attorney, Anne Bremner, counsel to the Friends of Amanda Knox and the families of Rebecca Zahau and Susan Cox Powell, has issued a cease-and-desist letter (content posted below) on behalf of American criminal profiler Pat Brown whose book, Profile of the Disappearance of Madeleine McCann was removed from sale by Amazon following a claim by the McCanns that the book was defamatory. In recent years, the McCanns have instructed their solicitors, Carter-Ruck, to send numerous cease-and-desist letters to people who have publicly questioned their possible involvement in their daughter’s disappearance nearly five years ago while on family holiday in Portugal.

Next week on February 8th, retired solicitor Tony Bennett faces English prison as the McCanns’ fight to shut down his efforts to bring focus to aspects of the missing child case that point to the parents’ possible involvement. Also, the McCanns have sued the detective on their daughter’s case, Dr. Goncalo Amaral, for libel and have had his book, Truth of the Lie, pulled off the worldwide market. The trial is scheduled in Portugal for April. Now, Pat Brown has fought back for the cause of freedom of speech and justice, alleging that the McCanns have interfered with her right to conduct business and have damaged her professional reputation with their successful removal of her book from sale. On Monday, Pat will leave for Portugal to continue her quest for truth and justice in the case of Madeleine McCann. The Find Madeleine Campaign operated by Gerry and Kate McCann has spent some 2.5 million pounds on the supposed search for their daughter, Madeline, who vanished in Praia da Luz, Portugal while on vacation with the family nearly five years ago and come up empty handed. Since last May, a 37-man team headed up by Scotland Yard has spent 1.5 million pounds on salaries plus many more pounds following up supposed leads with no sign of success. Altogether, four million pounds has been forked out to locate a missing child with zero results. What, then, does American criminal profiler Pat Brown hope to accomplish with her two week trip to Portugal, beginning next week on February 6, with her small band of assistants and a few hundred euros of her own money?
She could find the truth. She could find Madeleine. She could find nothing but at least she won’t be costing the taxpayers millions or draining the pocketbooks of kindhearted donators chasing useless leads.

Pat Brown will be following up on the theory she purported in her Profile of the Disappearance of Madeleine McCann, her eBook which was pulled by Amazon at the request of the British solicitors Carter-Ruck on behalf of Gerry and Kate McCann. Amazon was told the book was defamatory in spite of the fact Ms. Brown clearly stated facts in the case, developed a theory based on those facts, and repeated numerous times that she makes no claim that the McCanns are guilty of any involvement in their daughter’s disappearance (other than leaving three children unattended night after night in the resort apartment). Since Gerry McCann clearly stated during the Levinson hearing, “I strongly believe in freedom of speech” and “I don't have a problem with somebody purporting a theory,” it is difficult to understand why the McCanns wanted the book to be repressed except that it was selling well and that the theory she presented was being considered credible by a number of readers.

During her trip to Portugal, Pat Brown will study the town of Praia da Luz and environs, reconstruct the crime, and examine possible locations as to where Madeleine might have been taken, dead or alive. If she discovers evidence to support a theory other than the one that was the focus of her book, she will pursue that information. She is looking forward to meeting with Dr. Goncalo Amaral, the ex-detective on the McCann case. Meanwhile, it is her hope and that of her lawyer, Anne Bremner, that the McCanns rethink their actions regarding the Profile of the Disappearance of Madeleine McCann and instruct their solicitors to have Amazon return the book to the market (now available at Smashwords and Barnes & Noble online).

--------------------------------------------

Anne M. Bremner
Stafford Frey Cooper, PC
3100 Two Union Square
601 Union Street
Seattle, WA 98101-1374
February 1, 2012

Isabel Duarte
Carter-Ruck
6 St Andrew Street
London EC4A 3AE

England

Dear Ms. Duarte,

In July 2011, American criminal profiler, author, and television commentator, Pat Brown, released on June 15, 2011 a self-published book of thirty-pages on Amazon.com, Amazon.co.uk, and Amazon.de, for the price of US2.99. It was titled Profile of the Disappearance of Madeleine McCann, sold 850 copies over the next five weeks and garnered 49 nearly all five star reviews on Amazon.uk alone. Then, the book vanished from sale on all three sites. Upon questioning, Pat Brown was informed by Amazon that they had received a communications from Carter-Ruck on behalf of their clients Gerald and Kate McCann that the book was defamatory.

Mon 7/25/2011 7:27 PM

Dear Pat,

We have received a notice of defamation from Carter-Ruck Solicitors that says the content of Profile of the Disappearance of Madeleine McCann (UPDATED) B0055WYVCQ, contains defamatory statements regarding their clients, Gerry and Kat (sic) McCann.

Because we have no method of determining whether the content supplied to us is defamatory, we have removed the title from sale and will not reinstate it unless we receive confirmation from both parties that this matter has been resolved.

Carter-Ruck can be reached at:

6 St Andrew Street

London EC4A 3AE

T 020 7353 5005

Best regards,

Robert F.

http://www.amazon.com

This was quite a surprise to Pat Brown as she had never received any communications from the McCanns nor their solicitors concerning any defamatory material in this book nor had she ever received any communication concerning any defamatory material in her blogs on the case she has posted online at The Daily Profiler over the last four years. As Ms. Brown is an analyst of evidence, she is careful to not state anything as a fact that is not a fact and to clearly state what is a hypothesis or a theory as opposed to proof. She has publicly and repeated explained to anyone reading her analyses of crime that criminal profiling is a methodology which explores the possible and theoretical scenarios that might be considered as logical based on evidence connected with the crime - forensic, linguistic, or behavioral. Any findings resulting from investigative tools which are not acceptable in certain courts of law (such as cadaver dogs or polygraphs) are noted as suitable for speculation, but not as solid proof of anyone’s guilt or involvement in criminal activities. Criminal profiling itself is an investigative tool and not a finding of guilt as Pat Brown clearly notes in her book.
Due to the speculative, if analytical, nature of Deductive Criminal Profiling, the methodology used by Pat Brown, she was careful to repeat numerous times throughout her publication that she was not accusing the McCanns of being involved in any crime or in the disappearance of their daughter, Madeleine. She was clearly only “purporting a theory” and exercising “free speech,” both manners of communication Gerry McCann stated he strongly supported under oath at the Leveson Inquiry on November 23, 2011 in London:
I would like to emphasise that I strongly believe in freedom of speech, but where you have people who are repeatedly carrying out inaccuracies and have been shown to do so, then they should be held to account. That is the issue. I don't have a problem with somebody purporting a theory, writing fiction, suggestions, but clearly we've got to a stage where substandard reporting and sources, unnamed, made-up, non-verifiable, are a daily occurrence.” Gerry McCann

As Pat Brown also believes in free speech and the right to purport a theory, it would seem she and Gerry McCann are in agreement that any work that purports a theory as opposed to false statements of fact is acceptable under freedom of speech. Pat Brown’s Profile of the Disappearance of Madeleine McCann opens up discussion of what happened to the McCann’s daughter, further stimulating interest in the case, and keeping Madeleine in the minds of the public. As the McCanns claim this is what they want, Pat Brown’s book is in accordance with this desire. In fact, it is the McCanns themselves who have clearly encouraged massive interest and speculation on this case. Pat Brown is in no way, therefore, infringing on any wish to keep talk about the case to a minimum.
By speaking and writing out quite often and in such a high profile manner, the McCanns have succeeded in making Madeleine McCann the most well-known missing child in modern history (since the Lindbergh baby in 1932). They have stimulated debate worldwide as to what happened to Madeleine. They have publicly purported their own theories; that someone took Madeleine because they wanted to raise a child, that she is being held captive in a sex ring, and that a pedophile had taken her. They have publicly disclosed many details of the case and repeatedly told their version of what occurred before, during, and after the disappearance of the daughter. They have discussed their emotions, behaviors, and opinions. Pat Brown is carrying on that discussion.
Utmost of importance in the entire matter, is the handling and funding of child abduction cases, the prevailing attitudes toward these crimes, and the future of catching child predators. Because the victims are so young and innocent, missing children are among the most publicized cases in the world. In the last three decades with the increase of the Internet and the 24-hour news cycle, awareness of child sex predators and stranger child abduction has radically increased fears of parents that their child will be taken and murdered. In reality, stranger abduction continues to be exceedingly rare for children of Madeleine’s age. Regardless, the paranoia that is engendered when a small child goes missing is a great stress to the community, the police, and resources. Therefore, it is extremely important that each and every case be properly analyzed and understood so that wrong ideas aren’t promulgated and funding and efforts are wasted investigating such crimes improperly. Each child that goes missing is a terrible tragedy for the parents, siblings, relative, friends, and community. Pat has great empathy for any family of a missing child and, most of all, compassion for the innocent young person who has suffered abuse, terror, sexual assault, and, possibly, an early death at the hands of others.
We are requesting that you respect Pat Brown’s right to free speech and to purport a theory as Gerry McCann has stated is not a problem for him. We request that the claim of libel be retracted for the Profile of the Disappearance of Madeleine McCann and the book permitted to be returned for sale at Amazon.

Regards,

Anne M. Bremner

=======================

How totally frigging stupid can you get?

They can't even send it to the right country, never mind the right attorney.

And there are rather a lot of factual inaccuracies in both of them.

Bremner can kiss her career goodbye - I would have thought a high-powered legal superstar like her would have known better.

Also, that's only a, Please stop being nasty to Bushmeat, letter.

To the wrong person rofl

**Sabot** Thu Feb 02, 2012 11:24 am

bb1 wrote:Why on earth has it been sent to Isobel Duarte? They may as well have sent it to Santa.

And I thought Bremner was some kind of high-powered attorney?

She ought to know that niether Portugal nor the UK come under US law, so the First Amendment does not apply.

Silly besoms.

No, The First Amendment doesn't apply. So where would she bring any Case she thinks there might be? The McCanns can't be made to conform to US Law, and she is hardly likely to bring a Case in UK. That Letter is just a load of waffle.
And one might wonder why Amazon US has withdrawn Pat Brown's rubbish.

PS. Have I got time to go shopping? I would hate to miss anything.

**bb1** Thu Feb 02, 2012 11:29 am

I know the feeling, Sabot, I too have matters to attend to, but the forkers keep putting on such fine entertainment.

I wonder - did Ms Bremner send that nonsense to Ms Duarte ON PURPOSE? If she is half the lawyer she is supposed to be, she would know Ms Duarte is totally irrelevant to the whole business with Amazon?

Or does she have as poor a grasp of UK/European law as her client, and thinks 'Europe' is one big country - where, naturally, US law takes precedence?

**sans_souci** Thu Feb 02, 2012 11:31 am

If you are quick, Sabot.

As Carter Ruck wrote to Amazon in the US, about an American distribution of an American book, then any action would usually take place in the US under US law.

**lily** Thu Feb 02, 2012 11:34 am

sans_souci wrote:If you are quick, Sabot.

As Carter Ruck wrote to Amazon in the US, about an American distribution of an American book, then any action would usually take place in the US under US law.

Well that would make it extremely expensive if B$own went ahead and she lost. biggrin

**bb1** Thu Feb 02, 2012 11:36 am

Hounder:

tiny Today at 9:11 am

well done Pat .over to you clarence,lets see you spin this

What's there to spin? The Yankee broads have made total t*ts of themselves.

Dear Wrong Person, c/o Somewhere in Europe,

Please stop making Bushmeat scweam and scweam, it is her First Amendment Rite to accuse limeys of mummifying their kidz.

Whaddayoumean, Englandshire and Portugueseland aren't in the US of A, so Brown can take a hike?

**crazytony** Thu Feb 02, 2012 11:39 am

As she has named Isabel as the lawyer in question and Isabel doesn't work for Carter And Ruck, I believe that letter becomes null and void. You cannot threaten someone who has done nothing wrong. I do believe you have to be precise in you wording when dealing in legal matters?

**Maggs** Thu Feb 02, 2012 11:39 am

And WTF have Bennett and the BEAST of Portimao court cases got to do with Bremner, or Brown for that matter?

I do hope Brown turns up at Goncs court case next Thursday. I bet she's paying his bus fare rofl

**Sabot** Thu Feb 02, 2012 11:40 am

I Repeat.

Quote. "Therefore, it is extremely important that each and every case be properly analyzed and understood so that wrong ideas aren’t promulgated and funding and efforts are wasted investigating such crimes improperly." Unquote.

What does she think The Police have been doing for the last four and a half years?
And this is the woman who fought tooth and claw for Amanda Knox. She of all people should know of what damage Supposition and Internet Gossip can do.

I am putting this down to a Piss Take, and not in favour of Pat Brown.

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