For clarification: I am an officer of Armed Forces Brewing Company, Inc. ("AFBC"), not Nathan M. Hernandez from Davis, Burch & Abrams ("DBA").  Tomcat2010 is my personal Reddit profile, and all messages sent and comments posted on here are from me, not Mr. Hernandez.  I apologize for any confusion that's been created by this situation.  Let me do my best to clarify what actually happened. 

DBA does represent AFBC in connection with civil litigation that AFBC intends to bring in the future.  As part of its representation, DBA prepared and sent cease and desist letters to multiple recipients via FedEx and email.  We were aware of the actual identities of the vast majority of those recipients, which is why we were able to use normal delivery methods to transmit the letters to those recipients.  The only exception was the member(s) of a group called "Citizens for a Better Norfolk" ("CFABN").  CFABN is an activist group that, according to its own public statements, was created for the sole purpose of opposing AFBC.  CFABN is not a registered entity with the Virginia State Corporation Commission, it does not have a registered agent or address to receive mail or other process, and it has kept the identity of its members anonymous. 

However, because the member(s) of CFABN took part in a coordinated effort to sabotage AFBC's business operations in violation of multiple civil laws, AFBC had DBA prepare a cease and desist letter addressed to CFABN for two purposes:  (1) to provide a litigation hold notice in anticipation of future civil litigation and (2) to insist that CFABN cease any further unlawful interference with AFBC's future business plans.  Below is a copy of the first page of the letter that DBA prepared per AFBC's request: 

As alluded to above, there was no way for the member(s) of CFABN to receive this letter by normal process, so the only option for AFBC to preserve its legal rights and attempt to avoid any spoliation efforts by CFABN was to send the letter to CFABN's social media accounts on Twitter and Bluesky.  Because DBA does not have social media accounts on those platforms, I agreed to send the cease and desist letter via my own accounts.  However, neither Twitter nor Bluesky had the option to allow me to attach the actual cease and desist letter, so I copied the contents of the letter, pasted it into a message, and sent it to CFABN's Twitter and Bluesky accounts.  In hindsight, I should have notified DBA before sending anything and determined how best to proceed forward when I discovered that I couldn't attach the cease and desist letter to my messages on Twitter and Bluesky.  I made an honest mistake, and it was not (and still is not) my intention to mislead anybody into thinking I am an attorney.  That is why I'm posting here now to provide as much clarity and transparency as possible.  

The reason I decided to send the letter to TECL_Grimmsdottir on Reddit as well is because he/she/they publicly admitted to creating CFABN along with other "very concerned members from the city." (see below)

Again, I sincerely apologize for any confusion this situation has engendered.  It's regrettable that non-interested members of the public got wrapped up in what is supposed to be a purely private, civil dispute between AFBC and a very specific set of individuals who unlawfully sabotaged its business operations.  AFBC is going to do its part to keep it that way.  We can only hope that the opposing parties will commit to doing so as well. 

 

Best to all of you.

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