GoLocal Inquiry About Newport Businessman Johannes Flo Sparks Cease and Desist By His Attorney
Wednesday, June 27, 2018
The request for an interview by GoLocalProv with Newport businessman Johannes Flo has sparked legal threats and a cease and desist letter from his lawyers.
Recently, Flo, a Norwegian national, was the subject of a major expose by the Norwegian publication VG — which is owned by the global media company Schibsted Media Group — an international media group with 8,000 employees across 22 countries.
Lawyers for Flo claim that the VG article is false and are seeking to block GoLocal from republishing any elements of the claims made in the VG article.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTIn a text message and email messages to GoLocal’s CEO Josh Fenton, Michael Kelly, the attorney representing Flo, indicated at first that he would set up an interview with the controversial businessman, but then requested to know what questions would be asked.
“Before I can advise my client to meet or comment I need to know what. The substance is?? Old stories. From where? Let me know,” wrote Kelly.
GoLocal refused to identify the questions before the interview and repeatedly extended the opportunity for Flo to answer statements. As standard procedure, GoLocal does not provide questions before an interview.
“I assume your story is about issues which arose in Norway years ago. If so you should be aware those stories are absolutely false and Mr. Flo is suing that publication and the journalists in Norway and here for defamation. If you republish it, knowing it is false, or without regard to its truth, you will also be defaming Mr. Flo. I have been instructed to inform you that any publication of defamatory information will be dealt with accordingly. please confirm your receipt of this message,” wrote Kelly.
On Monday, GoLocal received a ”Cease and Desist” letter threatening litigation against GoLocal.
READ EXCERPTS FROM THE LETTER BELOW, which outlined in detail the elements of the VG story Flo claimed was false.
According to the letter from Flo’s attorney to GoLocal, “A statement that a case was opened against Mr. Flo relative to Vidar Neverdal's defrauding of an elderly widow - NOT TRUE.”
In addition, Kelly writes, “An assertion that Mr. Flo was convicted of "aggravated fraud" - NOT TRUE.” And six other claims of errors and untruths by the publication VG.
“As Mr. Flo refuses to be interviewed, we have no information as to why the story in VG is incorrect. It seems strange that Mr. Flo’s attorney has tried to intimidate a news organization from even reporting on a story,” said Fenton.
“We will continue to look at the issues outlined by the Norwegian news organization and have asked them for comment,” Fenton added.
Cease and Desist Issued
Below are excerpts from the communication from Kelly:
Please be advised that this firm represents the following persons and entities:
1 Johannes Erskine Flo;
2. Lonnie Sousa (Mr. Flo's wife);
3. The Bard Group, LLC;
4. The Bard Group Holdings, LLC;
5. The Fast and Serious Holding Company, LLC;
6. TFPF Film Co. LLC;
7. TFPF Productions Co. LLC; and
8. TFPF Holdings LLC.
It has been brought to our attention that you intend to republish here in the United States (including Rhode Island) various defamatory material concerning Mr. Flo that recently appeared in a sensational tabloid-style newspaper in Oslo, Norway known as Verdens Gang ("VG"). The VG articles published in May 2018 in print in Norway, and also on the internet by VG, contain many false statements and factual inaccuracies concerning Mr. Flo and the TFPF Companies.
VG published its stories with reckless disregard for the truth and in violation of Mr. Flo's right to privacy under Rhode Island law (see R.I. Gen. Laws § 9-1-28.1 ). The VG articles constitute defamation, and also portray Mr. Flo in false lights as defined in R.I. Gen. Laws §9-1-28. l (a)(4).
On May 11, 2018, we sent a Notice to Cease and Desist letter to VG, including its editors and the journalists who wrote the stories (Rolf Wideroe and Robert Simsoe ), a copy of which is attached hereto. Despite our letter, VG began publishing its articles in Norwegian on May 12, 2018, and apparently posted an English translation of one of the articles online on May 16, 2018.
Among the multiple false statements appearing in VG' s series of articles are:
1. A statement that Mr. Flo was indicted - NOT TRUE;
2. A statement that a case was opened against Mr. Flo relative to Vidar Neverdal's defrauding of an elderly widow - NOT TRUE;
3. An assertion that Mr. Flo was convicted of "aggravated fraud" - NOT TRUE;
4. A statement that Mr. Flo was "sentenced to a year in prison" - NOT TRUE;
5. An assertion that Mr. Flo emigrated to the United States in early 2013 - NOT TRUE;
6. Innuendo and inferences in the articles that Mr. Flo received money from either Neverdal or Neverdal's victim to fund a lavish lifestyle in the United States - NOT TRUE and false lights actionable under R.I. Gen. Laws §9-1-28.1;
7. Allegations that one or more of the TFPF Companies never existed (or were sham entities) - NOT TRUE, VG knew that said companies had existed since 2014; and
8. An assertion that Mr. Flo met with the elderly Norwegian widow in Naples, Florida in January 2014 - NOT TRUE, Mr. Flo has never met with or communicated with that person. In fact, VG was provided with passport documents showing that Mr. Flo was not in the U.S. at the time of the alleged meeting described by VG in its articles.
This is not an exhaustive list of the false statements, libel and invasions of privacy appearing in the VG articles - all of which are too numerous to cover here.
Mr. Flo's U.S. lawyers are in the process of preparing suit papers against VG and VG's U.S. resident correspondents relative to the articles, which litigation will be venued domestically in either the Federal or State courts. Any such civil action(s) may also include as additional defendants any persons who participated in and conspired in VG's activity.
Mr. Flo has engaged Norwegian counsel, John Christian Elden, Esq., who is pursuing claims against VG in Norway, including a complaint to the Norwegian Press Complaints Commission (the "PFU") for VG's recklessness and complete disregard for journalistic conduct and ethics.
Accordingly, NOTICE is hereby provided to you to: (1) immediately cease and desist from any use, dissemination, disclosure and/or republication of any material in the VG articles concerning Mr. Flo and/or our other clients; (2) immediately cease and desist from any use, dissemination, disclosure and/or publication of TFPF Companies' confidential business information and documents; and (3) immediately destroy all copies of the TFPF Companies' confidential business information and documents that you have procured and/or that have been provided to you.
A copy of this letter is being provided contemporaneously herewith to our clients' counsel in Oslo, Norway (John Christian Elden, Esq.). Should you have any questions regarding this letter, you or your attorneys may contact me in our Rhode Island office.
