Maid of the Mist Accused of Hundreds of Counts of Perjury

A complaint has been filed in the United States District Court for the Northern District of Georgia charging Maid of the Mist President, Christopher Glynn, Maid of the Mist’s VP of Marketing, Timothy P. Ruddy, and Maid of the Mist Controller, Robert J. Schul, with hundreds of counts of perjury and conspiracy to commit fraud.  Maid of the Mist provides the boat service at Niagara Falls.

Maid of the Mist filed a lawsuit against Alcatraz Media and William M. Windsor in August 2005 after Windsor made inquiries to Maid of the Mist’s landlord, the Niagara Parks Commission, about competing with Maid of the Mist.  In the court filing, Windsor shows that 46 of the 50 paragraphs in that lawsuit, which were sworn under penalty of perjury by President Christopher Glynn, were false or incorrect. Windsor further shows that 44 of the 46 are proven false by the testimony of Glynn, Ruddy, Schul, or by documents.  Sworn statements in a Verified Complaint must be absolutely true and within the personal knowledge of the person making the statements.  According to the complaint, these statements were not true and were not the personal knowledge of Glynn.

The complaint begins with this statement: “Three managers of Maid of the Mist are guilty of hundreds of counts of perjury and have committed a conspiracy to commit fraud.  Christopher Glynn, Timothy P. Ruddy, and Robert J. Schul have lied repeatedly under oath and have conspired to commit fraud against Alcatraz Media and William M. Windsor.  This proceeding began in August 2005 with a sworn Verified Complaint that consisted of perjured testimony by Christopher Glynn, President, of Maid of the Mist Corporation and Maid of the Mist Steamboat Company, Ltd.  46 of the 50 paragraphs were false or incorrect and/or not based upon the personal knowledge of Glynn as he swore.  The lies, false sworn pleadings, false pleadings, and discovery abuse continued throughout this proceeding.  This deprived the Defendants of any opportunity for a fair trial.”

A sworn statement that Windsor filed with the complaint states: “Maid of the Mist and Maid’s Attorneys have established a pattern and practice of lies, multiple false sworn statements in multiple false sworn affidavits by multiple people, false sworn testimony at the Preliminary Injunction Hearing, in their depositions, and more.  These were material false statements.  The Plaintiffs fabricated the claim upon which they obtained a temporary restraining order and then a preliminary injunction.  Attorneys have a duty to not knowingly advance a claim or defense that is unwarranted under existing law and knowingly making false statements of law or fact, and such prohibitions even more strongly apply to claims made in verified pleadings as in this case.”

Windsor commented about the complaint: “I was shocked to learn that there is no law that will allow a party in a lawsuit to sue someone who commits perjury.  In this case, I believe there are hundreds of counts of perjury.  I was told I could do nothing about it since Judge Orinda D. Evans ignored it when I called it to her attention two years ago.  I was advised that my only recourse was to go to the FBI and get them to investigate it and report to the U.S. Attorney General.  I contacted the FBI several times, and they refused to investigate because there wasn’t over $1 million involved so it “wasn’t big enough” for their attention.  I was then advised that my recourse was to contact the District Attorney, so I have now filed a complaint with the Niagara County District Attorney in New York as well as this Complaint in United States Federal Court in Atlanta.  I hope a fair judge will look at what happened and be outraged.  This should not be allowed to happen in America or Canada.”

According to the complaint, Alcatraz Media entered into a contract with Maid of the Mist on March 3, 2005.  Alcatraz honored all of the terms of the contract, but in July and August 2005, Maid of the Mist violated the terms of the contract by refusing to provide boat rides to over 800 Alcatraz Media customers – forcing these Alcatraz customers to pay Maid.

Very upset with this violation of the contract and mistreatment of Alcatraz Media’s customers, Windsor contacted the Niagara Parks Commission on August 8, 2005 to inquire about bidding to compete with Maid of the Mist or replace Maid of the Mist.  Windsor emailed, spoke with a woman at The NPC, and spoke with The NPC’s attorney, Marv Kriluck.

Maid of the Mist was told about Windsor's expression of interest to bid by their close friends at the Niagara Parks Commission.

17 days later, Christopher Glynn swore in an affidavit under penalty of perjury based upon his “personal knowledge” that Alcatraz Media and Windsor were guilty of theft, bribery, misrepresentation, and much more.  Glynn made the sworn oath before a notary in Niagara County New York.  The complaint shows that 46 of the 50 sworn paragraphs are false, and 44 of the statements have been proven false by the later testimony of Christopher Glynn and by the two other Maid managers, Timothy P. Ruddy, Vice-President of Marketing, and Robert J. Schul, Controller.  The complaint cites the deposition testimony of Ruddy, Schul, and Glynn to prove the perjury.

Then on August 29, 2005, Glynn signed another sworn statement when Maid of the Mist sued Alcatraz and Windsor.  In that sworn statement, the complaint shows that Glynn gave false testimony another 46 times.

The complaint says the lies began in late July 2005 when Maid of the Mist claimed it did not have a contract with Alcatraz Media.  Carolyn Ballard Bazzo of Alcatraz Media and Windsor both testified that Sandra Carlson of Maid entered into the contract for the entire 2005 season on March 3, 3005.  Maid of the Mist never produced Ms. Carlson to give testimony in the case.

Glynn swore that Alcatraz Media and Windsor were committing the criminal act of theft by “stealing from customers.”  In deposition testimony a year later, Glynn and Ruddy admitted this was not true.  Windsor obtained an affidavit from an Alcatraz customer who Maid had claimed at one time was their proof of stealing, and she states that Alcatraz issued a refund to her when Maid refused to honor her Alcatraz-issued ticket, and she did not make a claim to Maid of the Mist that Alcatraz stole from her.

Glynn swore that Maid began receiving complaints from its customers regarding the cost of Alcatraz Media’s and “Windsor’s” vouchers. Windsor never issued a voucher and was wrongly named in the lawsuit as was admitted by Ruddy.  The alleged complaints appear to have been invented by Maid of the Mist in an attempt to justify their breach of contract, because Alcatraz attempted to reach every customer to obtain affidavits proving there were no complaints.  Alcatraz obtained signed affidavits from over 600 customers that have been filed with this new complaint, and Maid of the Mist was unable to provide proof that even one customer complained.

Glynn swore that Alcatraz misrepresented Maid’s retail ticket prices on its web site, but Alcatraz never showed Maid of the Mist’s prices on its site, just as none of the hundreds of companies that offer Maid of the Mist tickets, including the Niagara Parks Commission and New York State Parks, show Maid’s prices.  Ruddy and Schul admitted under oath that Alcatraz was free to set its own rates.

The information presented by Glynn in the lawsuit included letters from Sandra Carlson of Maid that made false accusations directed at Alcatraz Media.  Glynn and Schul admitted that Carlson’s letters were false.

Glynn swore that Maid received daily complaints from customers who purchased vouchers from Alcatraz and Windsor at prices higher than Maid’s retail ticket prices.  Ruddy swore that there were over 100 complaints.  Alcatraz attempted to reach every customer to obtain affidavits proving there were no complaints.

Glynn swore that on August 8, 2005, Alcatraz and Windsor threatened Maid and tried to bribe Maid to sell the company.”  Ruddy testified in his deposition that this claim by Glynn was false, that there was no bribe to attempt to get Maid to sell the company.  

Glynn swore that Alcatraz and Windsor scheduled reservation times when Maid did not allow reservations, and stated that prior dates were “sold out” when, in fact, Maid’s tours were not sold out.  Schul and Ruddy admitted that these claims were false.

Glynn swore that Alcatraz and Windsor used their web site to encourage Maid’s customers to file complaints with the Better Business Bureau.  Ruddy admitted that this claim was false, and Glynn said he “didn’t know” when asked about it during his deposition.  15 months before, Glynn swore it was true based upon his personal knowledge.

Glynn swore that Maid never billed Alcatraz for vouchers that were not honored.  Alcatraz provided invoices from Maid and affidavits from Alcatraz customers to prove this was false.

Glynn swore that “by threatening and stealing from Maid’s customers, Alcatraz and Windsor were damaging Maid’s reputation and goodwill.”  Both Glynn and Ruddy admitted that Maid had no proof of stealing.

Alcatraz had received many reports from customers that Maid had told Alcatraz’s customers that Alcatraz was an “Internet Scam.”  Glynn swore in December 2005 that Maid was unaware of any discussions initiated by Maid or its employees that Alcatraz and Windsor were “dishonest, operate a scam, or are fraudulent.”  Ruddy, Schul, and Glynn each gave testimony that this sworn statement by Glynn was false.  Glynn then testified in his deposition in December 2006 that HE told Maid employees in August 2005 that Alcatraz was a scam.  Alcatraz obtained statements from approximately 40 Alcatraz customers who reported various forms of disparagement from Maid’s employees, Vanik Aloian, James Lampman, Holly Drouin, and Rose Devereaux, including statements that Alcatraz was an Internet Scam.  Maid’s ticket office supervisors were advising Alcatraz’s customers to contact New York Attorney General Elliott Spitzer to file complaints against Alcatraz.  All the while, Maid was continuing to honor some Alcatraz customers, was sending invoices to Alcatraz, and was being paid by Alcatraz.  Some scam.  Alcatraz is the largest seller of tours and activities in the world with contracts with over 2,000 tour and activity suppliers.  Alcatraz provides information or services to millions of customers each year.  Alcatraz has contracts with over 100 companies in New York and Ontario, including Gray Line, Over the Falls Tours, Skylon Tower, and many others.  Alcatraz began sending customers to Maid in 2004, and Alcatraz continues to do so today by offering 17 different Maid of the Mist tours, yet Maid’s employees were telling customers that Alcatraz was an Internet Scam.

In March 2006, Glynn swore in a new affidavit that Alcatraz was selling Maid vouchers without authorization.  Glynn, Ruddy, and Schul each later testified that the claims Glynn had made were false.  The document used to fake this claim from an alleged customer proved to be something provided by a former Maid employee, daughter of long-time Maid manager, Jonathan Schultz, a close associate of Maid owner James V. Glynn.

As justification to cause the federal court to issue a restraining order to stop Alcatraz from offering Maid of the Mist tickets to its millions of customers, Glynn swore that nine customers (the “Maid Nine”) did not purchase tickets on August 21, 2005 and provided proof of approximately $100 in damages for Maid.  This information came from a Log produced by Maid.  This Log lists the names of Gail Burgio, Robert Zastrow, Sharon Oestereich, and Ken Corson with the Comments notation “didn’t purchase tickets.”  All of these are on the same page – the page with a date of August 21. 

Now what are the odds that out of 47 pages listing 250 customers representing over 800 tickets over a period of 80 days that there would be 4 customers who didn’t buy 9 adult tickets and all 4 came on the same day and went to the same ticketing area and spoke to the same ticket office employee?  

Alcatraz obtained sworn affidavits from each of these customers proving that they did purchase tickets. The claim of Glynn was false, and the Log was false.

Ruddy swore in an affidavit that two other companies that operate similar to Alcatraz, Vacations Made Easy and Look Tours, had agreed to sell Maid tickets at the retail price charged by Maid.  Glynn swore to the same thing in the courtroom in Atlanta.  Alcatraz proved this to be false with documents that Maid concealed from Alcatraz and Windsor for close to a year.  Ruddy ultimately admitted this.

The perjury continued for years.  According to the complaint, Maid of the Mist’s Glynn, Ruddy, and Schul made as many as 430 FALSE SWORN STATEMENTS or statements that Windsor believes are false, including:

• Two (2) False Sworn Statement in Plaintiffs’ Response to Interrogatories sworn to by Christopher Glynn on December 28, 2005;
• Eighteen (18) False Sworn Statements in the Sworn Affidavit of Christopher Glynn sworn to on March 14, 2006 in support of the Motion for Preliminary Injunction;
• Thirty-Five (35) False Sworn Statements in the Testimony of Christopher Glynn at the Preliminary Injunction Hearing on April 11, 2006;
• Forty-Six (46) False Sworn Statements in the Affidavit in support of the Complaint for Injunctive Relief signed by Christopher Glynn on August 25, 2005;
• Forty-Six (46) False Sworn Statements in the Verification of the Complaint for Injunctive Relief signed August 26, 2005;
• One (1) False Sworn Statement in the Sworn Affidavit of Timothy P. Ruddy sworn to by Timothy P. Ruddy on May 2, 2006.
• One hundred thirty-nine (139) False Sworn Statements or Statements that the Defendants believe are false in the Testimony of Timothy P. Ruddy in his deposition on November 15, 2006;
• Eighty-nine (89) False Sworn Statements or Statements that the Defendants believe are false in the Testimony of Christopher M. Glynn in his deposition on December 4, 2006;
• Fifty-four (54) False Sworn Statements or Statements that the Defendants believe are false in the Testimony of Robert J. Schul in his deposition on December 5, 2006;

That’s 236 for Christopher Glynn, 140 for Timothy P. Ruddy, and 54 for Robert J. Schul.

The complaint lists every lie and provides documentation of the proof of the lies, usually using the testimony of Glynn, Ruddy, and Schul.

The lawsuit is pending in the United States District Court for the Northern District of Georgia, Atlanta Division, case number 1:06-CV-0714-ODE in the matter of Maid of the Mist Corporation and Maid of the Mist Steamboat Company Limited vs. Alcatraz Media, LLC, Alcatraz Media, Inc, and William M. Windsor.

Maid of the Mist’s attorneys have also been named as they were responsible for filing false sworn pleadings that included many of these lies.  Mr. Carl Hugo Anderson of the firm of Hawkins & Parnell in Atlanta, and Mr. Marc Brown of the firm of Phillips Lytle in Buffalo, have been named.

The documentation of the proof of the perjury seems overwhelming.  Windsor is setting up a web site, www.MaidLawsuit.com so the entire complaint will be online for all to see with links to the proof.