MikeSouth.Com » Max Hardcore

11th Circuit Upholds Max Hardcore Conviction but Remands for Resentencing

MikeSouth — Wed, 03 Feb 2010 17:48:40 +0000

The 11th Circuit Court here in Atlanta ruled yesterday on the appeal of Max Hardcore.

To make a long story short they found no problems in his conviction but they did have a problem with his sentencing, basically the original court erred in it's pecuniary damages essentially the government levied his fine based on sales that were not based soley on the area where thevideo was found to be obscene.

As such they vacated Max's sentences and remanded him for resentencing.

A Letter From Max

MikeSouth — Sun, 22 Feb 2009 17:16:11 +0000

[This letter was not sent to me personally by Max but was forwarded to me for reprint]

Friday, Feb. 6th, 2009 LA MDC

Greetings friends and fans,

I’m sorry that I haven’t contacted everyone before this late date, but recent extraordinary events have overwhelmed me, and rendered me incapable of anything but defensive actions. This is actually the very first opportunity that I have had to sit down and collect my thoughts in sufficient quantity and clarity to justify writing to you at all. I hope you are all in the best of health, and free to move about your world without having to ask permission to do so.

I want to assure you that physically I feel great, as I’ve made some very positive changes in my life, ridding myself of the grip that cigarettes and alcohol have had on my health and well-being. I must confess that I had little choice in the matter because I am presently incarcerated in a federal prison, but these are changes that will help me regain my health and renew my spirit and ultimately emerge from this prison a better man.

Some said it was inevitable that I should pass through here someday, because I’ve always had a problem with authorities telling me what I can and cannot do – but it still seems surreal that I’m in here not for what Paul Little did as a person, but for what the fictional character Max Hardcore did in a movie. Movies that no one was forced to watch (well, except inside a federal courthouse), movies that we as adults in this country ostensibly have the freedom to enjoy or ignore.

The authorities have finally jailed me on the incredibly vague and subjective crime of “obscenity”. Of course, the United States government took it upon itself to order and scrutinize these films despite the fact that no one in the community where I was tried had complained about them. It was clear at my trial that none of the jurors from Tampa Bay had ever seen anything like my videos, but those same people have decided what adults all over this country and, by extension, all over the world can watch in the privacy of their homes. And these films were presented to this jury not in their entirety, but in a way crafted by a judge concerned primarily by perceived “demeaning treatment” in the movies, including the use of “harsh and abusive language” as directed toward certain female actresses in a small number of my movies. Seems strange that an administration that condoned real torture would be so shocked and concerned about “demeaning treatment” and “harsh language” between consenting adult actors in a fictional film, but that’s what happened…

Amazingly, the jury went along with the whole government program, as I now know they almost always do, and convicted me on all 10 counts. The judge sentenced me to 46 months and a fine of nearly one hundred thousand dollars. I’m holding out hope that I can get conviction overturned in a higher court, but it’s an uphill battle that few ever win. Until the ridiculous Miller test of obscenity is thrown onto the trash heap of judicial history, I’m afraid just about any controversial artist could be convicted of it. The laws on the books are clearly out of step with what the public has demanded, so I’m sure it is only a matter of time before the government gets out of the business of trying to enforce morality. However, in the meantime, I would encourage all of you to spread the word about this case throughout the adult and mainstream entertainment industries, as well as letting your representatives in government know how outraged you are about this gross infringement on your freedom of speech.

They are flicking the lights in here and that means it’s time to head off to our cells and be counted in for the night. But I’ll write back soon and let you know how things are going, and pass on the benefit of my experience here. Until then, stay positive and live every day as if it were your last.

Sincerely,
Paul F. Little

Mailing Address

Paul F. Little, Federal # 44902-112
Section 5-North
Metropolitan Detention Center, Los Angeles
P.O. Box 1500
Los Angeles, CA 90053

Visiting Address

Metropolitan Detention Center, Los Angeles
535 North Alameda Street
Los Angeles, CA 90012

Mixed Emotions

MikeSouth — Fri, 28 Nov 2008 07:26:49 +0000

I got this today from Max I'm going to post it and then I have a few things I want to say about it.

For Immediate Release: Friday, November 28, 2008

From: Max World Entertainment Inc. Los Angeles, CA

To: Adult Industry Professionals and News Organizations

The War on Porn

The Adult Industry in Los Angeles is under the most ruthless attack by the US Justice Department since 1990. Yet some industry leaders don't realize, the potential magnitude of the problem. Many think it won't ever happen to them, because they don't make nasty smut. That's what John Stagliano thought too.

More people need to get involved and work together to mount a dynamic opposition. Otherwise there will be dire consequences. Business destroyed, good people sent to prison. Just like in the past.

But it doesn't have to end like that again. Not if we start by helping those involved in ongoing cases, and deny prosecutors the easy victories which would justify their crusade. They can ill afford to lose more than a single case, or their deceit will be exposed, and the mission cancelled.

See the attached Action Alert to find out more important information. Thank you.

Mr. Paul Businger

Director of Public Relation

Max World Entertainment Inc.

626 791-5800 Office

626 791-5801 Fax

818 935-1243 Mobile

PaullyBadboy@Gmail.com

Almost everyone in porn has an opinion on the Max Hardcore case and not surprisingly they are as different as the people who share them.

On the one hand you could say that Max is like a freshman high school bully who keeps throwing rocks at the seniors, then when they come to kick his ass he wants the freshman class to come together to rescue him. The seniors of course are the feds.

It's a pretty safe bet that Max knew that what he was doing not only crossed the line, it completely left it out of sight behind him.

None of us likes the idea of obscenity law, it's arbitrary and it doesn't translate well into modern day society. At the same time we all pretty well know where the aforementioned line is and we don't cross it.

So here comes Max picking a fight that we all have been careful to avoid, and now he expects us to help him fight his fight. Admitted if he wins, we all benefit but if he loses we all lose as well. Sun Tzu would not approve of Max's strategy here, it's a ready made loser.

Now taking a different view one could say that Max stuck his head out for all of us, put himself front and center and drew a target on himself and said hey...I'm your huckleberry.

The Bush administration was out to get porners, so Max offered himself up as the bait, hoping the industry would come to defend him when the predators came for him. After all who might they have gone after had Max not made himself a big target?

Whether you believe Max should be incarcerated or not you really do have to consider what is at stake here and with the Evil Angel case particularly. [I noticed something the judge said in that case that the defense had to have been floored at their good fortune but I am not going to say what it was because I don't want to bring light to it until it's all over.]

So now Max is begging for monetary relief, a man who has probably consumed more money in the way of alcohol than I have ever made in this business. If I could afford to I probably would help him out but this isnt a good time to be asking porners for money.

Personally I don't like the idea of Max going to jail on obscenity related charges, I say either clearly define what is obscene or do away with it altogether. On the other hand I can understand how someone can say "Right guy, wrong crime"

Max Gets 46 Months and 85,000 Fine

MikeSouth — Fri, 03 Oct 2008 19:23:49 +0000

That's the sum total of his sentence. He will get a minimum security federal prison. He got the minimum allowable sentence.

I'm not a big fan of Max's movies but I think this is wrong. Obscenity is a nebulous concept and I don't like the idea of anyone being in jail for a crime that can't be defined.

As I have said before if they want to take Max down on sexual battery or whatever let them make that case.

This decision will be appealled according to Max's attorneys, Max has been advised not to make a statement.

Unintended Consequences 2

MikeSouth — Mon, 25 Aug 2008 04:39:31 +0000

In aletter sent by industry attorney jeffrey Douglas he is asking the adult community to write letters to the judge on Max Hardcore's behalf.

That is a very risky move and not a very intelligent one as more than one person has already used the address given to write the judge telling her that the industry despises Max and those like him, that they don't consider Max to even be a part of our industry.

Personally I like Paul Little OK, he has always been cool to me. I don't like his movies and have been outspoken about the industry letting the likes of him and Rob Black choose our battles for us.

But at the same time I don't like this whole obscenity thing, I don't think Max should go to jail for obscenity. Period. Now if they wanted to charge Max with assault and battery, rape, sexual assault let them make that case but obscenity is a nebulous term and in this day and age shouldn't even be a crime.

Maybe it is karma for Max but it still stinks.

Just seems wrong…

KaydenKross — Sat, 07 Jun 2008 20:08:42 +0000

Since porn v. government seems to be the topic of the day I thought I'd throw a question out there. I always hate bringing up morality in the context of porn because the first response is to question whether it can exist there. I'm not talking about the puritan-christian-fundamentalist-enternal fire kind of morality. Just the basic tenets of right and wrong.

I've recently become very attached to the fight that our industry is continually making to stay in business as one political organization or another tries to suppress it. A few days ago one of the main people opposing the tax bill in CA called me and asked if I could get a couple of girls or anyone in the industry at all to donate $1,000 each to a charity event for hepatitis patients. Here's why this event was more worthy of donations than the thousands of other events out there: it was the pet project of the political swing vote on the tax bill. I am not at all trying to discredit the person who called me. I have a ton of respect for him and he is very good at what he does and I know that this is how the game is played. I just don't like how the game is played and it makes my stomach turn to think that this politician will care more about the rights of her constituents if those of us directly affected by her decision donate money to a project that will make her look good come re-election time. So the question is, is the lesser evil to play the game in the name of fighting for a cause that you genuinely believe in, or to not play the game and hope reason wins... Luckily I didn't have to take a side because he got the funding he needed within an hour of that phone call.

This same question can be applied to the Max Hardcore case. Yes, this is a shitty case to bring to the supreme court in the hope of defeating the miller test if the appeals take it that far. From what I've heard he has plenty of grounds to appeal on. So does the industry support him even if we don't agree with his specific content because we are aiming at the greater cause (being the freedom to shoot without worrying about whether we are complying with a gray and outdated way of meeting community standards), or do we beat his case up and hold out for one that we truly believe is worth fighting for? Which is the lesser evil while trying to preserve something we shouldn't even be forced to fight for in the first place?

Max Found Guilty on All Counts

MikeSouth — Thu, 05 Jun 2008 23:24:58 +0000

As was his company Maxworld Entertainment

After 2 days of deliberation the jury appeared hung on 10 of the charges but after the judge sent them back to deliberate more they returned guilty verdicts on all counts.

Look for an appeal.

Max Hardcore: Greedy or Asleep at the Wheel?

SteveLick — Wed, 04 Jun 2008 06:34:06 +0000

Watching a Max Hardcore film is like the equivalent of watching Benny Hill to me. When he goes into that whole "yeah", "yeah" thing, I begin giggling uncontrollably like I should be sitting in the back row of a slow math class with a Pete Rose haircut. Forget those Jonathan Morgan flicks. Max is true porn comedy to me. This isn't an artistic knock at Max. I met him once a couple of years ago, and he was very cordial to me. I just don't get off watching chicks regurgitate pieces of corn into a guys pubic hair. The closest I get to extreme sex in my personal life is if my girlfriend doesn't take a shower that day.

I see this whole Max obscenity trial in Florida a couple of ways, and maybe a few of you can shed some light for me.

As a content producer, how in the hell are you supposed to be able to control where a distributor sells your films? It's pretty fucking scary to think that I have to worry about whether or not a parolee working the cash register at a jack shack properly checks an I.D. before selling my product, or if he's selling one of my DVD's mail order to a person who happens to be born in Mississippi on a Tuesday or whatever fucking ridiculous obscenity laws they have down there.

On the other hand, why are "Euro" versions being sold to consumers in the U.S? You're unequivocally asking for trouble doing shit like that. It completely goes against common sense. A major component of the government's case against Max is that he advertises a link to Jaded Video on his front page where you can purchase his Euro versions without any type of restriction disclaimer for U.S. consumers. It's like he's hanging his own ass out to dry. I don't know if it's a matter of greed or being asleep at the wheel? Maybe someone here can enlighten me...

I Loved This Quote About Porners: (From Lukeisback)

admin — Wed, 11 Jul 2007 21:03:30 +0000

Source: "It’s like we take in an alcoholic and give him a drink. As long as he drinks in moderation, we say great, but the second he drinks too much, we all get aghast. Same thing. Take in a rapist… That we all feign such moral indignation. ‘We don’t want a rapist around these girls.’ But we want a Max Hardcore or Khan Tusion (Mark Handel) around these girls? It’s no longer a rape because we’re filming it?"

By The Time You Read This:

MikeSouth — Sun, 23 Oct 2005 03:51:16 +0000

I will have been quoted in the Pittsburg newspaper (the Post-Gazette I think) on The Rob Zacari, (Rob Black) case. in short I told the reporter that yes I think Rob should be in jail, for any number of reasons including fraud, bouncing checks, assualt, sexual assualt, sexual battery and probably just plain being stupid, but last I checked theres no law against the last one. I also noted that I do not think he should be in jail for obscenity.

When told that Mary Beth Buchanon was personally offended by the material and that she takes this case very personal I pointed out that I am offended that Mary Beth is offended and last I checked neither of us has any right whatsoever to not be offended.

We shall see...I predict the court will overturn his dismissal and eventually he will stand trial, but it's gonna be a long time.

Ren writes:

Mike,

Over the years, there have been rumors and a few outright accusations about the way Max Hardcore treats women, with no effort on anyone's part to document his actions or collect evidence. But let him mistreat a single sheet of plywood, and the porn detectives are on the job. Clearly, he's not going to get away with it this time. His fatal mistake was using a Sharpie to write on the plywood. Instead, he should have put lipstick around the purported shotgun hole, stapled girly clothes to the plywood, and told everyone it was a new, inexperienced girl who had just entered porn and didn't know enough not to work for him. That would have fooled everyone into thinking it was OK. A video of Max peeing on the plywood would have added versimilitude. A posting on XXXPornTalk from the plywood's new agent attacking the plywood's old agent for sending helpless, naive plywood to work with Max would have removed any lingering doubts that it was anything other than porn-business as usual.

Let's put this in perspective. The raid wasn't the theater of disaster that the FBI performed at Waco and Ruby Creek. The worst that happened was that an inept agent accidently discharged a firearm inside someone's house. The only harm is the cost to Max of repairing his floor, which is probably much less than the cost of restoring his business to order after the FBI seized his computers and failed to return them. Having himself photographed with the plywood was a nice bit of self-promotion, but it won't affect that outcome of any case the goverment may decide to bring against him.

And some more perspective: According to Max Hardcore, two of his employees were at the house during the raid and heard the gun go off. The workmen who repaired the floor saw the damage. The plywood is the least important evidence for the shotgun blast. If his employees heard the blast, it doesn't matter if Max found another piece of plywood and doctored it to make it look like a shotgun blast. Witnesses heard it, witnesses saw the hole in the floor, so it happened. On the other hand, if his employees didn't hear the shotgun being discharged, Max could shoot his floor himself with a shotgun and it wouldn't matter. If no witnesses heard it happen during the FBI raid, then the FBI didn't do it.

So the important evidence is what witnesses saw and heard, not the condition of a piece of plywood that Max may have tampered with.

Some people have seized on the details of Max's story and his picture and tried to make a case that Max doctored the plywood. The accusation is that the details don't add up, so the support for the accusation has to get the details right. It's the details that count.

I know zip about shotguns. It's been years since I fired one, I wasn't shooting at plywood, and I didn't hit anything anyway. So rather than display my nonexistent knowledge about what a shotgun hole should look like, I'll take a different approach. When a bullet strikes and penetrates some sort of material, the appearance of the hole is determined by the material the bullet is made of, the material the bullet strikes, the speed of the bullet, and the angle at which it strikes, along with other factors. In order to match the conditions under which the shotgun was discharged during the raid, a test would have to meet the following conditions:

1) The shotgun shell would have to be reasonably close to the one fired by the FBI agent, in terms of charge and projectiles.
2) It would have to be held at the same angle as the FBI agent was holding his shotgun.
3) It would have to be the same distance from the surface as the FBI agent's shotgun was from the floor.
4) Before hitting the plywood, it would have to strike the same type of flooring surface as Max uses in his house.
5) After penetrating the flooring surface, it would have to strike the same type of plywood as that used in Max's subflooring.

The case of plywood assault and battery made against Max sets up a standard of nitpickery that the test you posted fails to meet. The fact that Bornyo used 1/2 inch plywood instead of 3/4 inch plywood probably doesn't matter much, but the overall failure to match the details of the original shotgun discharge invalidates this attempt to impeach the least important evidence for an insignificant aspect of a government investigation that could, potentially, lead to driving the entire porn industry out of the US.

While we're putting effort into investigating the spiritually profound enigma that is Max Hardcore, perhaps we can move on to the question: Why the hell does anyone ever look at a Max Hardcore video anyway?

Ren Galskap