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Wells Fargo Center

333 S.E. 2nd Avenue, Suite 2000

Miami, Florida 33131



            May 12, 2014


Via US Mail and E-Mail



1601 S California Avenue

Palo Alto, CA 94304

Attn: Security Department



            Re:      Facebook page Cheyenne Arapaho Tribal Council



To whom it may concern:


            Please be advised that this law firm represents Universal Entertainment Group, LLC (“UEG”) and Fereidoun (Fred) Khalilian (“Khalilian”). We are writing to request that you remove the May 12, 2013 post (the “Post”)[1] from the above-referenced Facebook page (the “Flyingman Facebook Page”) on the grounds that it is in clear violation of numerous provisions of Facebook’s Statement of Rights and Responsibilities. Specifically, the Post violates sections 3(6), 3(7), 3(10), 3(12), and 5(1) of Facebook’s Statement of Rights and Responsibilities in that it is infested with defamatory misinformation that distorts the truth, incorporates statements taken out of context, and fabricates information intended to falsely and maliciously attack UEG and Khalilian and impugn and damage their professional reputations by, among other things, contending that Khalilian is a rapist and scam artist and that UEG has cheated and deceived the Cheyenne and Arapaho Tribes of Oklahoma (the “Tribes”).


            By way of background, UEG is a developer and publisher of entertainment, gaming, and online broadcasting software and the developer of UEGPoker.com, an online gaming site. UEG is owned by Mr. Isaias Ferrer and Khalilian is a non-principal representative of UEG. UEG entered into an agreement with the Tribes, whereby Universal (licensed?) its poker software to the Tribes for real-money online wagering to users based outside the United States through the website www.pokertribes.com. This agreement was reached during Ms. Janice Prairie-Chief Boswell’s term as Governor of the Tribes. During the prior tribal electoral season, Mr. Flyingman, the ex-impeached governor of the Tribes, utilized the UEG pokertribes.com project as a political football to attack Ms. Boswell’s administration.


            In employing these brazen political tactics, Mr. Flyingman created the Post, which not only contains defamatory statements that falsely claim that Khalilian is a rapist and con artist, but also contains pictures and videos of Khalilian, with the intent to expose UEG and Khalilian to hatred, contempt, ridicule, or obloquy, all with the purpose of gaining an unfair political advantage. The United States Supreme Court, describing the importance of the value we place on one’s good name, stated: “The right of a man to the protection of his own reputation from unjustified invasion and wrongful hurt reflects no more than our basic concept of the essential dignity and worth of every human being-a concept at the root of any decent system of ordered liberty.” Seropian, 652 So.2d at 493 (“quoting Rosenblatt v. Baer, 383 U.S. 75, 92 (1966)).


            The intentional and reckless statements in the Post were made to intentionally, or at a minimum, negligently defame and portray Khalilian in a negative light and to create the impression that an investment in UEG is tantamount to a financial death sentence. The impact of Flyingman’s irresponsible posting is far-reaching. The taint is has left on, and the damages it has caused to, both UEG and Khalilian impacts UEG’s ability to carry out its business affairs. It also deprives consumers and members of the Tribes of the truth regarding the relationship that exists between UEG and Khalilian. Consumers and members of the Tribe may feel that supporting the UEG pokertribes.com project is contrary to their moral values and may choose to boycott pokertribes.com and UEG as a direct result of Flyingman’s reckless conduct.


            Indeed, the very title of the Flyingman Facebook Page itself is misleading and deceptive. As noted in the February 11, 2014 email communication to Facebook from Richard J. Grellner, Esq., counsel to the governmental entity of the Tribal Council of the Cheyenne & Arapaho Tribes of Oklahoma:


the [Flyingman Facebook Page], purports to be the official page of the Supreme Governing branch of the Tribes Government known as the Tribal Council. However, that is not the case. This page was created and operated by the ex-impeached Governor of the Cheyenne & Arapaho Tribes, Darrel Flyingman. Please be aware that this page and the individual behind it are creating and posting lots of abusive content which is leading to life threatening activities, endangering the legitimate officials of this tribe.


            Flyingman attempts to cloak his malicious behavior behind a curtain of altruism, but such behavior is inconsistent with Flyingman’s political interests. With no question, the statements made by Flyingman are false and misleading, abusive, intimidating and harassing, hateful, clearly “unfair” under any standards, and are likely to cause irreparable harm.  Unfortunately, because Flyingman resorts to hyperbole and mischaracterization, the statements contained in the Post inevitably create in the mind of the reader damaging inferences unsupportable by fact which have caused and will continue to cause a dilatory effect on UEG and Khalilian.


            Under the heading of “Interference with prospective advantage,” Prof. Prosser, the eminent torts scholar, wrote, “though trade warfare may be waged to the bitter end, there are certain rules of combat which must be observed....” W. Prosser, Law of Torts 956 (4th ed. 1971)). Flyingman, by publishing false and highly inflammatory written statements specifically designed to imply illegal activity by UEG and Khalilian, has broken those rules. UEG and Khalilian are unquestionably free to pursue their legitimate business interests and should be able to do so without vexatious and illegal interference from Flyingman who seeks only to damage and harm UEG and Khalilian for personal political reasons.


            For the numerous reasons expressed herein, we demand that you immediately discontinue the Post.


                                                            Awaiting your reply,




                                                            LEON F. HIRZEL

[1]           A copy of the Post is enclosed herein.

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