Anna Nicole Slapped With Fraud Suit

Larry BirkheadOne of the men claiming to be the father of Anna Nicole Smith's newborn daughter is mounting a legal attack in the Bahamas.

In a statement made outside the Los Angeles County Courthouse today, Larry Birkhead's attorney, Debra Opri, said that Birkhead has filed a claim, alleging fraud and conspiracy against Anna Nicole, her lawyer-lover, Howard K. Stern, and the Registrar who certified the baby girl's birth certificate.

In court documents filed today, Birkhead alleges that Stern, with Smith's permission, fraudulently represented that he was the father by signing the birth certificate. Opri says Anna and Howard have 14 days to respond to her client's claim.

This newest development opens the door to force a paternity test in the Bahamas. Birkhead has already filed legal papers in Los Angeles asking a judge to force the issue.



Tags: Anna Nicole Smith, AnnaNicoleSmith, Howard K. Stern, HowardK.Stern, Larry Birkhead, LarryBirkhead

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766. As far as I can tell, that "Photo GalleryHOLLYWOOD" thing was just a blog type comment someone posted somewhere. It was NOT a news article. And it must be kinda old, cuz it says "pregnant widow" .... and it says she refuses to give in to the "unnamed father" .... Larry Birkhead has been NAMED for a long time now. Could you post a little more specific reference as to where this "info" was found? What website? The title of the article? The date of the article?

I thought that even when a "gag" order is issued in a case, the attorneys can still come out and tell the public that this is what happened, and the reason why they cannot say anything further? I've seen people say that on TV when asked a question that they are not allowed to talk about due to a "gag" order.

It seems really strange that ET and The Insider or TMZ has not come out and posted a note to the public simply stating that a "gag" order has been issued.

I'm quite sure that any letters mailed to ET would have no effect on whether or not CBS continued to air segments of the Anna interview. Something else more powerful than a few unhappy viewers stopped ET.

Maybe Anna and Howard really did hire "criminal" attorneys, and they were told to STOP all the public interviews? Or, maybe police investigations into the whole thing has put a stop to it and taken video and transcripts for investigation and evidence? Or maybe Howie threatened to sue somehow, when he saw that the ET interview was NOT having the desired effect on the viewing public?

Posted at 12:34AM on Nov 11th 2006 by Inquiring Mind

767. This is part of what I posted last night the 2nd part address something for Tru Katsh DNA TEST AND HERESAY

(I wrote this before ET dropped the story)
As far as Anna and Howard wanting to drag out DNA testing to keep the story going............I think right about now, the two would do anything to SQUASH the story. I can think of half a billion reasons why, Three words on that, THE MARSHALL ESTATE!! Not to mention all the other courtrooms they appear to be headed to.

If Howard can proove he is the father with DNA not only would that interview make them a hell of a lot of money, They would have a real good chance at suing Larry for that 10 million dollar confidentiality clause. They could take all that Larry has as well as all he will ever hope to have in the future. Tell me those two would not jump all over that if they knew Howard was the father. I did not even mention all the money they would save on attorney fees for family court. Too me the 10 million dollars pretty much ends any kind of notion that Larry is just in it for money.......besides WHAT MONEY??

Tru Katsh If Anna told Laurie Payne a story and Laurie told another person and that person came forward with such story that would be heresay.......because Laurie says Anna told her DIRECTLY and the fact that Anna is alive and well she can defend herself against Laurie`s statements that is NOT Heresay..........If anything were to happen to Anna then what Laurie has to say would then be hearsay.

I am sure you may beleive that story but it just makes no sense to me. For one thing if he was after an inheritence would it make better sense to wait till she has one instead of hurting her chances of ever getting one.

Posted at 12:38AM on Nov 11th 2006 by TREE TREE

768. INQUIRING MIND..........Yes the gag order would give ET an out.......and it would look better for Anna and Howard.........the way it has ended it looks like Camp Anna got paranoid............I do beleive The Bahamas are watching and possibly have gotten or are trying to get the un-cut version.......I do not see though how that would give them any power to stop it nor do I know of why they would want to. The only people with anything to gain from it would be Camp Anna........BUT IT IS A LITTLE LATE!!!!!!!!!!

Posted at 12:48AM on Nov 11th 2006 by TREE TREE

769. Just to let you know, in the King interview Howard says Daniel was comming to live in the Bahamas and go to school there. He says Daniel was very happy to be there.............what kid his age wouldn`t be? He had also just produced the movie Illegal Alliens and was very proud of that and happy it was comming out. I just do not buy the suicide theory.........

Posted at 1:06AM on Nov 11th 2006 by TREE TREE

770. So I did not just miss the ANS part of ET? They never aired it or
mentioned it? Hmmm....very very interesting, especially since the
reporter made such a big deal of it to begin with, and they said it
would be aired throughout NOVEMBER.

Many interesting points on here tonight. I dont think Daniel was gay. Who would have cared if he was or not anyway? I dont think ANS' fans would have taken that into consideration because they were ANNA fans, not DANIEL fans, you see
what I mean? I dont think anyone ever stopped listening to Cher just
because her daughter is gay.

Just to clear it up about HEARSAY:

hear‧say  Pronunciation Key - Show Spelled
Pronunciation[heer-sey] Pronunciation Key - Show IPA Pronunciation
–noun 1. unverified, unofficial information gained or acquired from
another and not part of one's direct knowledge: I pay no attention to
hearsay. 2. an item of idle or unverified information or gossip;
rumor: a malicious hearsay. –adjective

I wonder if what LB and Ben and Laurie P are saying that ANS told them would be construed as hearsay, since she would be sure to claim that anything they said about her would be lies. Did that make sense? I think it would be hard to prove, even with emails, because emails can be changed or even faked.

As for the house, isnt that a HE SAID/SHE SAID type thing also? If she is claiming one thing, and he is claiming something else, wouldnt it be up to him to prove she was guilty? Isnt it always up to the plaintiff to prove the point, not the defendant?

I wonder if Opri has affidavits, or video proof, like from security cameras, or anything else proving that what LB is claiming (about going to the doctors and the radiologist) is true? I would think if she had such concrete proof she wouldnt be keeping it a secret, because, what for? Wouldnt she just wave it around in the air and say, we have the proof, you are busted, the gig is up. Maybe she has and I have just missed it?

Its getting deep now folks, it seems like we are all going to have to tuck in for the storm, because it sure does feel like "yonder comes a gullywasher". Or is it just me?

Posted at 2:52AM on Nov 11th 2006 by AJ

771. Top of the 'mornin to you! This is reminding me of an Agatha Christie novel that one just can't put down 'till one finds out "who done it!" A few thoughts have come to mind that I haven't seen expressed here. Does anyone besides me think there is a somewhat slight resemblance between Daniel and Larry? I wonder what movies Anna liked to watch in her "spare" time. I wonder what she thought about Mrs. Robinson in the movie (not sure of title right now) and if the song ever played in her mind. These thoughts came to my mind after reviewing some of her sleazy statements (to put it mildly) and seeing some of the pictures posted here at TMZ! I thought the one of ANS, LB and HKS on what looks like the luggage carousel in Australia is rather interesting. I wonder if they have ever heard of menage a trois? And, lest we not forget, she is a former PLAYBOY Model.

Posted at 9:47AM on Nov 11th 2006 by Walter Barbera

772. #775.The movie you are thinking about is the "Graduate"...Jennifer Anniston and Kevin Costner done a remake just about a year or so ago. I am sure that HKS thought of the 3 way (not even going to try and spell the technical term LOL ), but ANS and LB were to busy making HKS their gopher boy to invite him in! Besides, he is oh so gross! I truly do not believe ANS and HKS have ever had sex!
I think something big is brewing in Cali. something has went down, all of these hyped up interviews and nothing was on ET last night. To my knowledge, not even a mention of ANS. Maybe the judge did slap a gag order on everyone involved and hopefully has hopped a plane to the Bhamas to do the paternity test his/her self!
I guess one can only hope!!!!

Posted at 10:11AM on Nov 11th 2006 by BamaBabe

773.
~ Walter Barbera,

The thought has crossed my mind......Daniel, LB and ANS have similar features, skin tone, small eyes (shape/color), small nose, facial bone structure.

With their photos side by side, you can see a striking resemblance between ANS, Daniel and LB.

........means nothing.....just interesting..........

Posted at 10:53AM on Nov 11th 2006 by Opinion

774. Many thanks, BAMABABE! The title came to me after I sent the post. I saw the original rather than the remake and think it has been shown on t.v. (Maybe TCM)? I think Dustin Hoffman co-starred in the original and have seen him recently on t.v. plugging his latest. Where is Jessica Fletcher (aka. Angela Lansbury who starred in "Murder She Wrote" when we need her? Be assured that I am eagerly awaiting more brilliant thoughts about these matters from "the group."

Posted at 11:03AM on Nov 11th 2006 by Walter Barbera

775. OPINION #777 (LUCKY, PERCHANCE?) "tis truly good to share opinions.

Posted at 11:47AM on Nov 11th 2006 by Walter Barbera

776. Anna said repeatedly that baby Dannielynn looks like Daniel .... and if ya'll see a resemblance in LB and Daniel .... it looks like Anna has inadvertently added weight to the claim that LB is the baby's father. (cuz we don't wanna think Daniel is the father). Daniel sure don't look like Howard! And the baby does not look like Howard.

Attorney Opri is not going to flash around any proof she has, especially in a sealed paternity case. In all of Opri's press conferences/releases she has not personally revealed anything of a private nature that occurred within the courthroom or in evidence. Opri speaks in generalities and not specifics. But, I believe Opri is taking NO chances now on saying anything at all publicly, anywhere. There is too much at stake.

I believe all the news outlets went silent on the Anna thing for the safety of the baby girl too (along with probably being legally restrained). Public anger towards Anna as a mother of the baby has been building, and you never know what that kind of emotion might trigger in an unstable person, who might try to take matters into their own hands????? Maybe kidnap the baby?

I'm wondering if Howard was able to get out of the "contract" with Entertainment Tonight because The Insider used portions of the Anna interview, and I thought Anna SOLD the EXCLUSIVE interview rights ONLY to Entertainment Tonight? Maybe there was a legal conflict there, and both shows were forced to stop airing the interview?

Posted at 12:03PM on Nov 11th 2006 by Inquiring Mind

777. and I agree...last night's ET and Insider were big disappointments. In earlier segments, I thought it interesting how HKS pronounces immediately after the baby's birth that they made sure to videotape, "well she doesn't have my big nose." There is no disputing the fact that he has a prounounced protuberance. He does in the taped interview have his arm protectively, lovingly, seemingly around ANS during the interview. I wonder if those two had some sort of signal worked out between them - ie. something like the answer is "no" if I tap you once and "yes" if I tap you twice. It really wouldn't be all that hard to do IMO.

Posted at 3:27PM on Nov 11th 2006 by Walter Barbera

778. Good post over on the other TMZ comment board:
TMZ " Anna Nicole Baby Shocker"
347. I liked that comment as well, she's not suited to live in the Bahamas because of her reputation. I was born on an Island such as the Bahamas, beatuiful and laid back with people that are full of respect for one another and are quite aware of their morality, I would hate to see such a person bring such vile behaviour and way of being to a place like the Bahamas, it's rotten example for the young women to learn from such a woman as ANS, her way of life does not need to be flaunted all over, they need good role models to learn form with respect for themselves, knowing that they can be well respected, educated and be their own person, have high regards for themselves as women instead of falling in the same gutter ANS has been wallowing in for all of her 32 years? or however old she is.
Posted at 7:46PM on Oct 26th 2006 by tui

Posted at 12:12PM on Nov 11th 2006 by Inquiring Mind

779. Tru,

By all means, I'm not trying to trash Daniel by saying that what if there was a possibility of the baby behing his. I guess the point I'm trying to make is, he was ALWAYS with his mother, in any video clips or photos or anything else, did ANYONE ever see Daniel with someone besides ANS and HKS. And also, I happen to know a family where a situation was very similiar, and although the sex was "consensual", it was very surprising to the boy (the mother is now in jail), but his mother was worried he was gay and wanted to "show" him what "real" sex was. Daniel seemed like a sweet, caring kid, and always ready to be at his mother's side. I just threw out the possibility because of HKS teasing of Daniel, and ANS possibly wanting to "prove" him wrong. I don't think for any reason, Daniel would engage in something like that willingly.

"Howard would never let us do anything as a couple."
Posted at 8:56AM on Nov 10th 2006 by Tru Katsch

I don't think it will slap Larry in the face, I think it will slap Howard though. I mean, what grown man hangs out on all of his CLIENT'S dates, yet steps in when he thinks things might be getting too close. Creepy, sinister, and just plain weird. And there's pictures of ANS and LB kissing, etc., with HKS in the background. I can't recall exactly where I saw a couple of these, but there was a pic of HKS and ANS and she had her arm around Daniel, and he looked uncomfortable, and HKS just was looking at him sideways like "You don't belong here, get lost." and I remember thinking if ANY man looked at my kids like that I'd tell him to take a hike. On the other hand, there was a pic of LB, ANS, Daniel, and HKS (of course) and Daniel was laughing and he and LB looked like they had a friendly relationship. I think HKS is so obvious in his possessiveness, jealousy, and his "hold" that it's just disgusting.

They are in a world of hurt, ANS and HKS, you'll have to answer to a higher power one day. God bless little Dannielynn and I hope she's in good hands. You know, If ANS had good "advisors", they'd have her fly her family from TX to help with the baby and to show a family face of unity.

Posted at 12:16PM on Nov 11th 2006 by Patty

780. Laurie Payne and LB said that Anna has had a miscarriage with LB's baby ... I would imagine there are medical records and doctor/hospital records to support that claim. This leads more credence to the claim that LB is the baby's father. At least it proves that LB and Anna had sex before the pregnancy with Dannielynn. (there is no such proof that Anna and Howard EVER had sex).

What Grandma Virgie actually said is being distorted and embellished by Anna and repeated by ET and others. Anna wants to portray Virgie as EVIL, so Anna says that Virgie said on CNN/Nancy Grace, that "ANNA may have killed Daniel" ..... when Virgie NEVER said "Anna". Virgie said there were only 3 people in the hospital room, and one of them is dead. Virgie said that Anna needed to be careful who SHE hangs out with, cuz she could be next, and went on to talk about the "money motive" for murder. Virgie expressed CONCERN for Anna, and worried about her being with HKS.

If Anna wants to be mad at her mother, Virgie, for saying Howard may have killed Daniel, that is one thing. But Anna should not put words in Virgie's mouth, that Virgie did NOT say -- that Anna may have killed Daniel. And I did not view Virgie's comments as evil ... I viewed them as a GRIEVING, concerned grandmother who wanted to get to the truth of who killed Daniel (which Anna should be concerned about also).

It irritated me when Anna said that Grandma Virgie has not even seen Daniel since he was about 5 -6 yrs old ....... yeah Anna! cuz YOU wouldn't let her! Anna cut off Daniel from the only stable family life he had known, while Anna went and pursue her "Hollywood", rich man's wife thing.

Posted at 12:30PM on Nov 11th 2006 by Inquiring Mind

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