Misconduct of Dave McBreen - Vice President of Identity Digital Inc.
Dave McBrean, Vice President of Identity Digital Inc., holds a leadership position that made him directly responsible for overseeing the company’s abuse procedures, legal posture, and registrar operations. As a senior officer, McBrean had both the authority and the obligation to prevent Name.com from being weaponized by outside parties—including Shein and its attorneys—for the purpose of suppressing constitutionally protected speech and retaliating against lawful protest.
Instead, McBrean remained deliberately silent and refused to take corrective action even after being placed on notice that:
• The domain takedowns were part of a coordinated legal attack,
• The abuse complaints lacked factual basis and were initiated in retaliation,
• A declaration submitted by opposing counsel falsely attributed the takedowns to internal spam complaints by Name.com.
• And that I was offering to resolve the matter amicably without financial compensation if basic transparency was provided.
Despite this, McBrean declined to restore any of the websites, refused to disclose the sources of the abuse tickets, and allowed his company to continue suppressing the Plaintiff’s online speech—even after litigation was initiated. His actions (and inaction) made him a knowing participant in a civil conspiracy to silence a whistleblower and interfere with legal proceedings.
As a corporate officer, McBrean’s responsibility is heightened: his silence in the face of documented abuse, coupled with repeated opportunities to remedy it, confirms his complicity. He is now directly implicated in civil, regulatory, and potential criminal liability for his role in facilitating fraudulent takedowns, evasion of subpoenas, and ongoing digital suppression that served Shein’s legal and commercial interests.
Federal Violations
- 1 - 18 U.S.C. § 241 Conspiracy against rights If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.....They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
- 2 - 18 U.S.C. § 1512(2) Tampering with a witness, victim, or an informant Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to (B) cause or induce any person to (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding shall be punished as provided in paragraph (3).
- 3 - 18 U.S.C. § 1343 Fraud by wire, radio, or television Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.
- 4 - 18 U.S.C. § 1962(d) Prohibited activities It shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.
California Business and Professions Violations
- 1 - BPC § 17500 False or Misleading Advertising It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or for any person, firm, or corporation to so make or disseminate or cause to be so made or disseminated any such statement as part of a plan or scheme with the intent not to sell that personal property or those services, professional or otherwise, so advertised at the price stated therein, or as so advertised. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.
- 2 - BPC § 17200 Unlawful, Unfair, and Fraudulent Business Acts As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
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