FILED: NEW YORK COUNTY CLERK 05/20/ :33 PM INDEX NO /2018 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/20/2018

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1 Page 1 of 6 KICKSTARTER, PBC C/O YANCEY STRICKLER 58 KENT STREET BROOKLYN, NEW YORK, Louis J. Desy Jr. 47 Heywood Street Worcester, MA Phone: Fax to LouisDesyjr@gmail.com Sunday, August 14, 2016 CT CORPORATION SYSTEM Registered Agent for Kickstarter, PBC 111 EIGHTH AVENUE NEW YORK, NEW YORK, Subject: 30 day demand letter under Massachusetts General Laws, Chapter 93A for failed Kickstarter Project, Knights of the Dinner Table, Live Action Series for Kickstarter, PBC part in defrauding the investors on the project, conspiracy with Ken Whitman and D20 Entertainment LLC and reckless negligence in transferring money to an entity that never existed Dear Kickstarter, PBC: Under the provisions of Massachusetts General Laws, Chapter 93A, Section 9, and other parts of Chapter 93A, I hereby make written demand for relief as outlined in that statute. In October 2015, the following unfair or deceptive acts occurred when your company conspired with and allowed Ken Whitman and D20 Entertainment LLC to post to complete the Kickstarter Project, Knights of the Dinner Table: Live Action Series as obligated to under the terms of the Kickstarter project at Kickstarter.com as the creator of that project. Originally, 795 backers funded this project for a total of $69,725, of which I was backer number 666 for $250 on February 4, One of the deliverables was supposed to be a 60 minute DVD release of production quality based on the comic strip, Knights of the Dinner Table, the turning over of all shot footage to the intellectual property (IP) holder for the comic strip Knights of the Dinner Table; Jolly BlackBurn and Kenzer & Company (511 W. Greenwood Ave Waukegan, IL Phone: Fax: ); plus other deliverables to

2 each backer depending upon the amount each backer funded the project for. As of this date, none of the shot footage has been turned over the IP holder as required under the terms of use of said IP for the Kickstarter project as part of the project. No DVDs have been produced and Kickstarter, PBC has refused to communicate the status of the project in a complete and honest manner, as is required under the Kickstarter terms and appears to be completely uncaring or even acknowledging that Ken Whitman and your company has stolen tens of thousand of dollars from investors. The only reply so far from your company is with generic tech support replies to any inquired about you need to give the creator more time. This is even when it is clear that the creator and you used your platform to defraud several hundred people of over $170K, of which Kickstarter, PBC was even paid a commission for taking part in the scheme for conspiring with Ken Whitman and D20 Entertainment LLC. One posted update to Kickstater was October 7, 2015 about the project plus a prior video report made by Ken Whitman in July 2015 where he claimed that he would be making and shipping and the DVDs at the rate of 50 per day (or week) after the Gencon 2015 Premier in August 2015 but have made none, delivered none and refused to provide any reasonable explanation as to why nothing has been done, plus Kickstart, PBC has done NOTHING to remedy the situation. Kickstarter, PBC has not even made an attempt to do anything to recover or refund the investors stolen money. In addition, Ken Whitman and Kickstart, PBC has refused to provide any accounting of how the funds were used on this project, in spite of the fact such an accounting of how the funds were used is one of the terms of Kickstarter Projects and in violation of the terms of Kickstarter Projects. In addition, there are postings from Ken Whitman, claiming that Whitman has moved elsewhere, apparently in an effort to avoid fulfilling the terms of the Kickstarter project or returning all of the backers money and attempting to avoid any legal consequences for failing to complete this project or return the backers funds, plus attempting to avoid and hiding from any legal process of service, all of which is a violation of the terms for Kickstarter projects. In spite of all of this, Kickstarter refuses to even acknowledge that Whitman has run a con, and that Kickstarter, PBC has taken part in the con, for which it was paid.

3 Kickstarter, PBC still allows Mr. Whitman to continue to make progress updates on the Kickstarter platform, even though it is clear that Mr. Whitman has spent all of the raised money on himself, and appears to be allowing this in an attempt to avoid any responsibility for its part and failure in allowing this con to happen, and doing absolutely nothing to remedy the situation. Even worse, the project creator, D20 Entertaiment LLC, DOES NOT LEGALLY EXIST, but Kickstarter, PBC appears to have no problem in allowing a non existing entity to post updates in order to give the appearance of work being done and trying to prevent it from being held accountable for its part in the fraud. It appears that Kickstarter, PBC is allowing this to go on so it can avoid any consequences for its role in the con, plus the unbelievable fact that Kickstarter allowed Mr. Whitman to run more projects, even when it was clear that this project was never going to be delivered and Mr. Whitman was unwilling or unable to deliver on anything. Because of Kickstarter, PBC negligence and part in the con, Mr. Whitman was able to con hundreds of people out of over $170K and took a commission for allowing this to happen. While one can argue or agree or disagree to what degree Kickstart, PBC should/could be held responsible, it is an undisputed fact that your company allowed a fake company name to be allowed onto the platform to collect tens of thousands of dollars in investors money, and then proceeded to transfer said funds into Mr. Whitman s personal control and into a personal bank account of Mr. Whitman s. D20 Entertainment LLC never existed and was never incorporated in any state in the country. Kickstarter, PBC had a duty to ensure that at least the company listed as running the projects even existed, and also to only transfer any investors money raised to a bank account in the name of the creator, in this case D20 Entertainment LLC. I personally hold a name reservation with the State of Kentucky to confirm the fact that D20 Entertainment LLC never existed. If D20 Entertainment LLC had ever existed, I would not have been able to reserve the name with the state of Kentucy corporations division. As such, because of your part in the failure to complete this project under the terms of Kickstarter.com for the Knights of the Dinner Table: Live Action Series Kickstarter Project plus the numerous violations of the terms of the project under Kickstarter, I hold that Kickstarter, PBC was engage in a conspiracy with Ken

4 Whitman and D20 Entertainment LLC to defraud hundreds of people out of over $170K from all of the failed projects that you allowed him to run and didn t care as long as you got your commission for the projects. I hereby demand that Kickstarter, PBC immediately: 1: Refund all of the project money in the sum of $69,725 to all of the 795 backers for this failed project as required under the terms of Kickstarter for projects that have failed and numerous terms violated by the creator, Ken Whitman (a.k.a ) and/or D20 Entertainment LLC for said project and Kickstarter, PBC for its failure in allowing the fraud to occur and its negligence and part in the conspiracy with Ken Whitman and D20 Entertainment LLC. 2: Assist with getting turned over any and all shot footage at once to Jolly BlackBurn and Kenzer & Company or to a representative of their choice for accepting delivery of shot footage, which was required under the terms of the project, as part of the project. Also assist to get a complete list of what footage was shot, a description of each footage along with the date, time and scene, the file size of each clip in megabytes and the number of minutes of each clip of said footage. 3: Provide a complete and total accounting, as required under the Kickstarter terms, of all of the money collected for the project, including items produced and sold to other parties for the Kickstart project, and where all said money was spent. As a backer of the project, under the terms of Kickstarter for the project, I demand a total accounting and copy of all records, bank statements, receipts, invoices, s, computer files, computer records, computer accounting systems files, charge card statements, computer files, plus any other document or record in any form, showing the collection of money or use of funds for this project. Kickstart, PBC has in its possession the records of how and where exactly it transferred the investors money to Mr. Whitman and D20 Enterainment LLC. I demand to be provided with a complete record those transactions.

5 Page 5 of 6 Massachusetts General Law, Chapter 93A, gives you the opportunity to make a good-faith response to this letter within thirty (30) days. Your failure to do so-could subject you to triple damages, attorney's fees and costs if I institute legal action. I look forward to hearing from you in writing. Sincerely, Louis J. Desy Jr. / Sunday, August 14, 2016 Enclosures: 1: Web page Contact Page for D20 Entertainment showing mailing address for D20Entertainment and its web site. 2: ICANN information showing contact details for Ken Whitman and d20entertainment. 3: Kickstarter project pages for Knights of the Dinner Table, showing summary of project, along with showing that I am backer number 666 at the $250 level. 4: Facebook page showing Ken Whitman as going by Whit Whitman. DO NOT IGNORE THIS LETTER. THIS LETTER IS VERY IMPORTANT. THIS IS A 30 DAY DEMAND LETTER. IT IS ONE OF THE VERY FIRST STEPS IN COMENCING A LAWSUIT FOR VIOLATIONS OF CONSUMER PRACTICES AS AN UNFAIR, DECEPTIVE ACT OR PRACTICE UNDER CHAPTER M.G.L. 93A. You are being given an opportunity to make a good-faith response to this letter and opportunity to resolve this matter.

6 Page 6 of 6 Addresses 30 day demand letter already sent to on Wednesday, April 13, 2016 to Ken Whitman and D20 Entertainment LLC: Ken Whitman (a.k.a ) 486 E. Broadway Brandenburg, KY USA kenwhitman@kenwhitman.com Phone: Ken Whitman (a.k.a ) d20 Entertainment (an unincorporated entity) 486 E. Broadway Brandenburg, KY USA sales@d20entertainment.com Phone: Ken Whitman (a.k.a ) Registrant contact for d20entertainment.com d20 Entertainment (an unincorporated entity) 927 Old Ekron Road Brandenburg KY kenwhitman@kenwhitman.com Phone: Ken Whitman (a.k.a ) Admin contact for d20entertainment.com d20 Entertainment (an unincorporated entity) 500 Doe Run Hotel Rd Brandenburg KY kenwhitman@kenwhitman.com Phone:

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9 ICANN WHOIS file:///c:/documents and Settings/LOUISDESY/My Documents/0-0-1-Ken... 1 of 4 4/7/ :38 AM 简体中文 English Français Русский Español العربية Portuguese d20entertainment.com Lookup O riginalq uery:d20entertainm ent.com Name: Ken Whitman Organization: d20 Entertainmnet, LLC Mailing Address: 927 Old Ekron Road, Brandenburg KY US Phone: Ext: Fax: Fax Ext: kenwhitman@kenwhitman. com Name: Ken Whitman Organization: d20 Entertainmnet, LLC Mailing Address: 500 Doe Run Hotel Rd, Brandenburg KY US Phone: Ext: Fax: Fax Ext: kenwhitman@kenwhitman. com Name: Hostmaster ONEANDONE Organization: 1&1 Internet Inc. Mailing Address: 701 Lee Rd., Chesterbrook PA US Phone: Ext: Fax: Fax Ext: hostmaster@1and1.com WHOIS Server: whois.1and1.com URL: Registrar: 1&1 Internet SE Domain Status: clienttransferprohibited /epp#clienttransferprohibited

10 2 of 4 4/7/ :38 AM ICANN WHOIS file:///c:/documents and Settings/LOUISDESY/My Documents/0-0-1-Ken... IANA ID: 83 Abuse Contact abuse@1and1.com Abuse Contact Phone: Updated Date: Created Date: Registration Expiration Date: Domain Name: d20entertainment.com Registry Domain ID: Registrar WHOIS Server: whois.1and1.com Registrar URL: Updated Date: T00:00:50.000Z Creation Date: T00:00:50.000Z Registrar Registration Expiration Date: T00:00:50.000Z Registrar: 1&1 Internet SE Registrar IANA ID: 83 Registrar Abuse Contact abuse@1and1.com Registrar Abuse Contact Phone: Reseller: Domain Status: clienttransferprohibited /epp#clienttransferprohibited Registry Registrant ID: Registrant Name: Ken Whitman Registrant Organization: d20 Entertainmnet, LLC Registrant Street: 927 Old Ekron Road Registrant City: Brandenburg Registrant State/Province: KY Registrant Postal Code: Registrant Country: US Registrant Phone: Registrant Phone Ext: Registrant Fax: Registrant Fax Ext: Registrant kenwhitman@kenwhitman.com Registry Admin ID: Admin Name: Ken Whitman Admin Organization: d20 Entertainmnet, LLC

11 3 of 4 4/7/ :38 AM ICANN WHOIS file:///c:/documents and Settings/LOUISDESY/My Documents/0-0-1-Ken... Admin Street: 500 Doe Run Hotel Rd Admin City: Brandenburg Admin State/Province: KY Admin Postal Code: Admin Country: US Admin Phone: Admin Phone Ext: Admin Fax: Admin Fax Ext: Admin kenwhitman@kenwhitman.com Registry Tech ID: Tech Name: Hostmaster ONEANDONE Tech Organization: 1&1 Internet Inc. Tech Street: 701 Lee Rd. Tech Street: Suite 300 Tech City: Chesterbrook Tech State/Province: PA Tech Postal Code: Tech Country: US Tech Phone: Tech Phone Ext: Tech Fax: Tech Fax Ext: Tech hostmaster@1and1.com Nameserver: ns-us.1and1-dns.com Nameserver: ns-us.1and1-dns.us Nameserver: ns-us.1and1-dns.de Nameserver: ns-us.1and1-dns.org DNSSEC: Unsigned URL of the ICANN WHOIS Data Problem Reporting System: >>> Last update of WHOIS database: T16:01:29Z <<< For more information on Whois status codes, please visit Submit a Complaint for WHOIS WHOIS Inaccuracy Complaint Form WHOIS Service Complaint Form WHOIS Compliance FAQs NOTICE, DISCLAIMERS AND TERMS OF USE: All results shown are captured from registries and/or registrars and are framed in real-time. ICANN does not generate, collect, retain or store the results shown other than for the transitory duration necessary to show these results in response to real-time queries.* These results are shown for the sole purpose of assisting you in obtaining information about domain name registration records and

12 4 of 4 4/7/ :38 AM ICANN WHOIS file:///c:/documents and Settings/LOUISDESY/My Documents/0-0-1-Ken... for no other purpose. You agree to use this data only for lawful purposes and further agree not to use this data (i) to allow, enable, or otherwise support the transmission by , telephone, or facsimile of mass unsolicited, commercial advertising, or (ii) to enable high volume, automated, electronic processes to collect or compile this data for any purpose, including without limitation mining this data for your own personal or commercial purposes. ICANN reserves the right to restrict or terminate your access to the data if you fail to abide by these terms of use. ICANN reserves the right to modify these terms at any time. By submitting a query, you agree to abide by these terms. * There is one exception: ICANN acts as the registry operator for the.int TLD, and in that capacity it does collect, generate, retain and store information regarding registrations in the.int TLD Internet Corporation for Assigned Names and Numbers Privacy Policy

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14 1 of 6 4/13/ :04 PM or Phone Sign Up is on Facebook. To connect with, sign up for Face Log In Timeline About Photos Likes Videos April 5 at 8:31pm PEOPLE ABOUT 3,367 likes The Official Website for Actor/Director Whit Whitman. WHAT WAS IT LIKE BEING A SAVIOR ON THE WALKING DE FINALLY! Being on the Walking dead was awesome to say the least. I w day and two long 15 hr COLD nights. 32 Degrees! No matter take away this experience. #PickAxeSavior I was the only person with a real weapon. That damn Pick Ax and I carried it for 20 hours or so... Continue Reading PHOTOS

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