After NITV lost a demation lawsuit brought by competitor Elwood Gary Baker, Humble began running substantially the same business under the rubric of “NITV Federal Services, LLC.”
NITV, LLC never paid its judgment debt to Baker, and litigation by Baker in an attempt to collect on that debt is pending. Humble’s bankruptcy filing appears to be a naked attempt to stiff his creditors.
Humble lists $761,443.09 in unsecured claims against NITV, LLC. Apart from the quarter million dollar judgment debt to Baker, Humble also reports owing $329,076.19 in attorney fees to Brinkley Morgan of Fort Lauderdale and $139,266.90 in attorney fees to Seiden, Alder, et al. of Boca Raton. Humble also reports a $43,100 debt to himself for money loaned to NITV, LLC to pay attorney fees.
It should be noted that no voice stress analysis technique has any scientific basis, be it NITV’s CVSA, Baker Group International’s Digital Voice Stress Analyzer (DVSA), Dektor’s Psychological Stress Evaluator (PSE), or Nemesysco’s Layered Voice Analysis (LVA).
In the lawsuit, brought before the Circuit Court of the 15th Judicial Circuit in Palm Beach, NITV alleges that Baker and Savage have been marketing their competing voice-based lie detector in violation of U.S. export regulations and seeks as much as $1,000,000 (or potentially more) in damages.
COUNT I Economic Damages Against Defendants due to Violation of Florida Unfair and Deceptive Trade Practices Act
Plaintiff hereby restates the allegation set forth in paragraphs 1 through 46 as if fully set forth herein and further alleges as follows:
Both BAKER and SAVAGE, individually and by and through EXPERTOS INC and EXPERTOS SA, have exported from the United States or re-exported VSA technologies either to or between various foreign locations including Mexico, Central America, South America and South Africa.
Upon information and belief, none of the Defendants named herein have received such US Government approved Export Licenses for the multiple sales they have made from the US to foreign countries and/or between foreign countries, and are knowingly and actively engaged in the commerce of selling US Government Export Controlled commodities to various foreign governments, foreign commercial entities, and foreign national end users who have not been properly scrutinized to be granted an Export License.
The Defendants are in violation of Federal export laws, under the EAR, as well as violations of the Federal Trade Commission Act 15 U.S.C. §§ 41 et seq.
The failure to comply with Federal Export Law and violation of the EAR, constitute an unfair and deceptive act and unfair practice under the Florida Deceptive and Unfair Trade Act.
Defendants’ [sic] BAKER and SAVAGE, individually and by and through EXPERTOS INC and EXPERTOS SA, deliberate and knowing efforts to export, distribute and sell the DVSA/FVAS outside of the United States without a United States Government approved Export License, constitutes a violation of 15 CFR § 730-774 under the EAR, and constitutes a criminal conspiracy to violate federally promulgated export laws, regulations and directives. Due to Defendants’ unfair and deceptive actions in circumventing export licensing requirements, Defendants have been able to expeditiously enter foreign markets to the competitive disadvantage and economic damage of NFS.
Due to Defendants’ unfair and deceptive actions in circumventing export licensing requirements, NFS has lost numerous sales to BAKER and/or SAVAGE by and through EXPERTOS INC/EXPERTOS SA.
NFS’s damages are directly proximate to Defendants’ violation of the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and the Florida Unfair and Deceptive Trade Practices Act, Florida Statute 501.201 et seq., and specifically 501.211 of the Florida Statutes.
NFS is entitled to an award of attorney fees and costs associated with the bringing of this action pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.2105 of the Florida Statutes.
WHEREFORE, NFS respectfully requests that this Honorable Court: A. Enter a money judgment of $1,000,000 against Defendants or an amount equal to the actual damages suffered by Plaintiff by reason of the violations alleged above, pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.211 of the Florida Statutes; B. Enter an order requiring Defendants to pay Plaintiff’s costs and reasonable attorney’s fees pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.2105 of the Florida Statutes; and C. Direct any and all further relief this court deems just and equitable.
COUNT II Injunctive and Equitable Relief Against All Defendants
Plaintiff restates the allegations in paragraphs 1 through 46 and further states:
As alleged herein, Defendants have engaged in a continuous course of violation of 15 CFR § 730-774 under the EAR and Federal Trade Commission Regulations.
Defendants will continue to violate 15 CFR § 730-774 under the EAR and Federal Trade Commission Regulations causing irreparable harm to Plaintiff, the public, United States national security, and efforts by various foreign governments to combat criminal enterprises by supplying unscreened end users with technology that can be used to thwart law enforcement, military and/or national security efforts unless enjoined.
Plaintiff does not possess an adequate remedy at law to prevent Defendants’ conduct as alleged herein from continuing.
Plaintiff has a clear right to its request for injunctive relief and the public interest will be served as Plaintiff seeks to prevent continuing violations [sic] 15 CFR § 730-774 under the EAR and of the Federal Trade Commission Export Regulations which directly damage Plaintiff, the public and others. WHEREFORE, Plaintiff respectfully requests that this Honorable Court: A. Grant a temporary and permanent injunction against Defendants BAKER, EXPERTOS INC, EXPERTOS SA, and SAVAGE, enjoining the Defendants from exporting, demonstrating or selling its DVSA/FVAS product to foreign customers or potential customers both inside and outside the United States without a United States Government approved export license; B. Enter an Order awarding Plaintiff costs and reasonable attorney’s fees pursuant to the Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.2105 of the Florida Statutes; C. Order Dissolution of EXPERTOS VSA, INC.; D. Order Disgorgement of any and all monies received by Defendants’ [sic] in connection [sic] their violations of Federal Trade Commission Act 15 U.S.C. Section 41 et seq., and Section 501.201 of the Florida Statutes; and F. Direct any and all further relief this Court deems just and equitable.
It should be noted that in 2009, the same court awarded Elwood Gary Baker $575,000 in a defamation suit he brought against NITV, LLC. NITV to date has shirked payment of this judgment, and Baker’s efforts to collect continue. That action is Case No. 50-2005-CA-001771-XXXX-MB.
In addition, NITV is the defendant in a federal fraud suit, Fletcher v. NITV LLC, filed on 18 May 2020.
Dee J. Hall reports for the Wisconson State Journal that “Dr.” E. Gary Baker, the faux Ph.D. who markets what he styles a “Digital Voice Stress Analyzer” to law enforcement agencies, has lost the Jefferson, Wisconsin Police Department as a customer:
Jefferson police cancel training on voice-stress analyzer
By DEE J. HALL
The city of Jefferson Police Department has cancelled a training session on how to use a controversial voice-stress analyzer after the Wisconsin State Journal raised questions about the technology and the qualifications of the business owner scheduled to conduct the training.
Voice-stress analysis is used by some law enforcement agencies in Wisconsin, including the Jefferson County Sheriff’s Office, to detect “microtremors” in the voice that backers of the technology say indicates speakers are stressed and therefore answering questions deceptively.
“If everything has been exhausted in investigative techniques and they have a suspect or someone they want to eliminate as a suspect, it (CVSA) has been used,” Madson said, adding that the technology has prompted confessions from suspects. “The tool works, as far as I’m concerned.”
Detective Sergeant Tim Madson is badly misinformed. The existing peer reviewed research suggests that voice stress analyzers perform at roughly chance levels of accuracy. While these devices might be useful for scaring confessions out of naive and gullible persons, they have no scientific basis and are no more to be relied upon than a colander wired to a photocopier with a sheet of paper saying “He’s Lying” on the glass paten. Continue reading Baker DVSA Loses a Customer