Complete headline links to our series on Dick Shoulberg and Germantown Academy are at https://concussioninc.net/?p=10736.
Here is the text of a letter sent to Concussion Inc. via email at 12:19 p.m. PDT on Thursday, August 11, by attorney Vanessa M. McGill of the McGill-Lewis law firm:
August 12, 2016
Dear Mr. Muchnick:
Re: CEASE AND DESIST ALL DEFAMATION OF ALEX LEBED
I am writing on behalf of Mr. Alex Lebed about whom you have published false, destructive and defamatory statements. As you are certainly aware, it is unlawful to engage in defamation of another’s character and reputation. Your defamatory statements can be found at the following link:
Your article misstates facts and circumstances. Alex has never been suspended from USA Swimming, any school or any club. Alex never swam “unaffiliated” at the NSCA championships; rather, Alex swam with a personal swim coach, allowing him to qualify to represent the United States at the Ireland Open Swim Championships in 2014.
Alex has devoted ample time and efforts defending himself and his reputation, which resulted in the expungement of the arrest referenced in your articles. Mind you, Alex was a minor at the time. It is quite unfair that even though the judicial system saw fit to remove traces of the juvenile arrest from his record that this online record remains in existence, further condemning Alex.
Alex is an honest student and athlete who has worked tirelessly to cultivate and maintain a positive reputation in the community. The publication of your article has and will continue to damage his reputation in that very same community. In the interest of protecting and preserving his livelihood and his reputation, Alex hereby demands that the article be removed in its entirety. Please provide us with prompt written assurance within seven (7) days that you will remove the article referenced above.
Vanessa M. McGill
Here is our response via email at 1:00 p.m. PDT the same day:
From: Irvin Muchnick
To: Vanessa M. McGill
Sent: Friday, August 12, 2016 1:00 PM
Subject: Re: CEASE AND DESIST DEFAMATION OF ALEX LEBED
I received your letter.
I do not contemplate taking down the post to which you and your client take exception.
I am happy, in the alternative, to do one of two things:
1 – Republish the article, and include your specific points of dispute.
2 – Publish an entirely new post containing the full text of your letter.
Here is the disputed March 14 article:
Published March 14th, 2016
Complete headline links to our series on the abuse scandals at Dick Shoulberg’s Germantown Academy swimming program are at https://concussioninc.net/?p=10736.
by Irvin Muchnick
We already know that Alex Lebed, the University of Florida freshman swimmer who is about to represent the Gators in the upcoming National Collegiate Athletic Association championships, is the “A.L.” in the civil lawsuit against the Germantown Academy, near Philadelphia, by fellow ex-Dick Shoulberg swimmer “John Doe.” And that after Germantown finally threw out Lebed, USA Swimming suspended him.
The term of the suspension was tricky, however, and further points to how our Olympic governing body enables the bad behavior of certain individuals while shoving safety principles way down the list of priorities.
Meet records show that Lebed swam “unaffiliated” in the March 2014 National Swimming Club Association (NSCA) junior short-course championships in Orlando.
So when was his “90-day suspension” from USA Swimming? Most likely April-May-June 2014.
It’s useless asking the so-called Safe Sport department at Colorado Springs headquarters; the people there are already documented as doctoring the record of the suspension of dirty old man California coach Bill Jewell, and they’ve been shown time and again to enable the well-connected. They also don’t respond to Concussion Inc.’s inquiries, presumably because, unlike those of major media outlets, ours contain substance instead of puffery.
Seven months after his NSCA appearance — and after attaining the legally adult age of 18 — Lebed was arrested again in Pennsylvania for disorderly conduct.
Next week, Lebed swims the 400 individual medley for Florida in the NCAA’s.
The week after that, his lawyer will be asking the Montgomery County Court of Common Pleas to expunge his 2014 arrest record.
Published March 9th, 2016
Published February 13th, 2016
Published February 24th, 2016
Published February 25th, 2016
Published February 26th, 2016
Published March 8th, 2016
Published March 11th, 2016