Yefim Toybin Guilty of Harassment, Pays $11,669.37

Phoenix Municipal Court ordered Toybin to stop harassing Russians

Russian Arizona News — March 29, 2009 (Updated May 29, 2009)
OVER FIVE YEARS of harassment of Russians in Arizona by Yefim Toybin was stopped for a year by a court order.

In February 2008, Toybin was found guilty of harassing the SHIELD Foundation and the Arizona Russian Center. His attorney cost him about $11,700

Another court order to stop Toybin's continuing harassment is scheduled for hearing on April 16, 2009 in Phoenix Municipal Court.

Toybin points his fingers at others when he himself is guilty. In the past 5 years, Toybin has had his say in 5 court cases regarding harassment, totaling about 25 hours in court time. Toybin filed 4 harassment cases in court against Russians in Arizona and lost all 4 of them. Toybin could not prove any of his allegations against any of the Russians he hates, nor could he defend his behavior.

The first case filed against Toybin was by the SHIELD Foundation in February 2008 and was won by SHIELD. The second case filed by SHIELD to stop Toybin's continuing harassment is scheduled for hearing April 16, 2009 in Phoenix Municipal Court. This will be the 6th harassment case in court regarding Yefim Toybin and the Russians he hates in Arizona.

2003 Harassment Starts

Russian immigrants and friends of ethnic Russians and Slavs in Arizona have been stalked and harassed by Yefim Toybin since 2003 — over 5 years.

Toybin's list of victims includes Glendale Community College, Russian Children's Center, GCC Russian Club, Arizona Slavic Association, SHIELD Foundation, and Arizona Russian Center.

Most people are afraid of Toybin's harassment, like the employees of Glendale Community College who in 2004 were instructed by the college administrators not to support, or have any contact with anyone associated with, the Russian Club.

During the 11 years proceeding Toybin's harassment,  President Pollack stated that the Russian Club had became "the model for all clubs on campus". But college administrators were more afraid of losing their jobs if Toybin continued to harass on their campus.

A few braver citizens have testified about Toybin in court. Those who testified against Toybin in court caused him to lose two separate cases, in 2004 and 2008. Some who testified against Toybin have been the target of his personal 5-year obsession to stalk and harass in revenge.

Yefim Toybin is often contradictory. While he was a member of the Club, he never ran for any office in the Club, and infrequently attended meetings, yet he complained later that he was never elected president of the Club.

At the Russian store, "Yasha From Russia", Toybin publicly boasted: «Я — борец за правду, как Солженицын!» (I am a fighter for the truth, like Solzhenitsyn!). In contrast on March 19, 2009, Toybin wrote: "I'm a sheepdog." (RAN sincerely apologizes to the late Solzhenitsyn and sheepdogs everywhere.)

2004 Court Case

In 2003, Yefim Toybin voluntarily quit attending the Club to form his own organization to compete with the Club. He claimed to "promote goodwill relations between Russia and America and participants in multicultural social activities", named it "American- Russian Cultural Forum- Dialogue" (ARCFD), listing himself as founder, President, Director, and other officer; and hosted a website.

Toybin essentially tried to collectivize Russians in the Phoenix area with no success. Events for Russians were posted on his website, but he became very hostel when the Club calendar linked to those events.

Frustrated, Toybin went to Phoenix Municipal Court to ask how the court could stop the Club. He filed 4 false allegations with the court to get an Injunction Against Workplace Harassment: ARCFD, Yefim Toybin v. Andy Conovaloff.

When Conovaloff filed a response to contest the false allegations in Toybin's petition, Toybin intentionally mislead people by publicly complaining that Conovaloff was taking him to court, when the opposite was the truth.

During the 2004 hearing, Toybin was very agitated. One time he one stood up in court waving his hands and interrupted the court by shouting at the judge that Toybin was president and director the ARCFD and therefore the judge should obey his orders. The astonished judge called for a 10-minute recess, after which Toybin denied what he yelled at the judge earlier.

The 2004 court testimony revealed that Toybin praised the Club, while on the same day telling the SHIELD Foundation that he hated the  Club, especially Conovaloff.

During his 3 court hearings in 2004, Toybin testified for 10 hours listing 14 allegations in the longest case in that court's history, a total of 12 hours over 6 weeks. In the end, even with the help of a lawyer, Toybin could not prove one allegation and lost his case. In a rage of revenge, in the courtroom, Toybin vowed to get even with those who betrayed him.

The SHIELD Foundation one time supported and donated $200 to Toybin's ARCFD event. After losing his court case in 2004, Toybin focused a 5+-year personal attack against SHIELD for testifying against him.

SHIELD Foundation

The SHIELD Foundation domestic violence victim assistance unit is managed by Olga Chaikheeva. Olga was herself was beaten by an abusive Russian husband who threatened to kill her with a gun. After her ex-husband was imprisoned, she devoted her career to helping victims of domestic violence and domestic abuse.

By the end of 2008, SHIELD helped over 170 families, the majority are from the former Soviet Union.

Toybin personally hates SHIELD mostly for two reasons. First, SHIELD did not want to join his ARCFD as a client for him to manage. Second, SHIELD staff testified at his court hearings in 2004 against his false allegations.

Toybin often said that all Russian-brides of American husbands are prostitutes. To retaliate against SHIELD, Toybin has been stalking and harassing victim assistance volunteers of SHIELD, while claiming to be vigorously defending the American husbands who have been found guilty in court or arrested for abusing and/or beating up their Russian-born wives.

Toybin is personally obsessed with SHIELD. He became friends with Chaikheeva's ex-husband Sergei, who is currently in prison, and Sergei's sister and girlfriend Tatiana Yanko, and supports and perpetuates their harassment of Chaikheeva and SHIELD staff. Toybin has voluntarily attended court hearings involving SHIELD clients and has later stalked them.

2007 "ФАКТ"

In 2007, Toybin began to publish and sign his name to a confusing and slanderous Russian-language one-page bulletin titled: "ФАКТ" (F.ACT), registered to his organization. Toybin harasses the people he hates by naming them, and calling them "prostitutes, criminals, vampires and werewolves".

As many as 13 issues of "ФАКТ" have been circulated by hand, faxed, mailed, e-mailed, in Russian stores, on cars, and inserted into Russian newspapers. Of the four Russian Stores in Phoenix, three stores have banned Toybin for harassing them and their customers. Three issues can be downloaded here:
All issues of "ФАКТ" were subpoenaed by court order in 2008, but Toybin's lawyer would not give them to the court. If Toybin or you have a "ФАКТ" not on this list, please submit it here.
Continued above ^

Yefim Toybin, 2009

« Я — борец за правду, как Солженицын! »
Before: "I am fighter for the truth, like Solzhenitsyn!"
Now: "I'm a sheepdog." — Yefim Toybin

RAN sincerely apologizes to the late Solzhenitsyn
and sheepdogs everywhere.

2008 Court Case

In 2008, Phoenix Municipal Court recognized that Yefim Toybin abused his rights of free speech as protected by the Constitution of the United States for everybody.

The American right to freedom of speech not only guarantees and protects Ivan Ivanich when he insults Vasili Vasilich, but it also guarantees and protects the right of Vasili Vasilich to respond "freely" to Ivan Ivanich.

This American freedom is a two-way street, not a one-way street like in the USSR.

In America, there is no guaranteed freedom to lie, defame, slander, stalk, intimidate, harass etc. using false names, information and identities to obstruct justice, harm, evade the law, etc. Though many people, in business and politics, lie and cheat, they pay the price when caught.

In 2008, Yefim Toybin got caught and paid the price, but he apparently still did not learn to stop harassing.

Toybin was found guilty in court of violating Arizona State workplace harassment law (A.R.S. 12-1810) for harassing officers, volunteers, staff, and clients of the SHIELD Foundation and the Arizona Russian Center.

His attorney cost $11,669.37, according to the "Bill for Services Rendered" at $275 per hour, submitted by his attorney David Ross Appleton to the court.

On February 27, 2008, Phoenix Municipal Court issued an "Injunction Against Workplace Harassment" to stop Yefim Toybin from harassing Russians. Violation of the court order is a criminal charge!

Using hidden Internet accounts; false names, companies, organizations and identities; and co- conspirators; Toybin continued to harass the SHIELD Foundation and ARC in violation of the court order. Toybin and his friends evaded arrest and prosecution so far.

See 3 of many such hidden harassment examples placed on the Internet:
During 4 hearings from September 29, 2008 through February 17, 2009, Toybin's attorney Appleton unsuccessfully tried to appeal Toybin's guilty verdict in Maricopa County Superior Court. Appleton filed his appeal 7 months late and used false information provided by Toybin. Toybin also wanted SHIELD to pay his attorney fees.

When Toybin's appeal failed in Superior Court, he egregiously asked again on March 10, 2009 in Phoenix Municipal Court for SHIELD to pay his attorney fees of $11,667.37, which was again denied, because it was already ruled that Toybin was guilty of harassing SHIELD and others. The court order expired February 27, 2009.

End of case, one might think. But, this 2008 Injunction did not teach Toybin to understand nor obey the law. He immediately began to stalk and harass again using his real name, and in person.

2009 Court Case

On March 6, 2009, Toybin filed a petition in Superior Court, Maricopa County, for an Injunction Against Workplace Harassment against Olga Chaikheeva (Case CV2009-05112). Toybin's petition was denied (never issued) without a hearing, perhaps because his answer to question #3 on the form was false (both requested POs, the court checks the facts), and/or his 3 allegations were dated 5, 2, and 1 years in the past, longer than 12 months.

For over a year Yefim Toybin harassed the property manager Michael of the SHIELD offices. Toybin falsely alleged that SHIELD is an illegal organization committing many crimes. Michael referred Toybin to the SHIELD attorney, whom Toybin ignored. After March 10, 2009 Toybin tried to resume his harassment of Michael by phone, but Michael hung up. On March 17, Toybin hand-delivered a signed letter to Michael at a non-listed office asking for information about SHIELD. Michael believes Toybin has been stalking him for more than a year.

On March 19, 2009, Yefim Toybin harassed "Andrew John Conovaloff" (Andy, Andrei) with a signed e-mail threatening court action for a public information posting which Toyubin claims is harassment. Toybin selectively and falsely believes, as he wrote on March 19, 2009, that: "the higher court has reversed the Phoenix Municipal Court decision in November of 2008."

Toybin continues to not understand the American legal system. Though the November 24, 2008, Minute Entry in Superior Court, Maricopa County (page 5, bottom) says: "IT IS ORDERED reversing the order upholding the injunction against harassment and remanding the matter to the Phoenix Municipal Court for all further appropriate proceedings consistent with this ruling", Superior Court changed it's ruling because it was based on false information provided by Toybin.

Toybin's entire appeal was denied by Superior Court on February 2, 2009, because Toybin did not follow the Arizona Rules of Civil Procedure regarding proper service and notification of parties.

The final Minute Entry on February 17, 2009 in Maricopa County Superior Court says: "IT IS ORDERED ... If Ms. Chaikheeva was not mailed the pleadings then Phoenix Municipal Court shall make any further orders it deems necessary." (Underline added.)

On March 10, 2009, Phoenix Municipal Court followed the final Superior court orders of Februray 17, 2009. First it ruled that Ms. Chaikheeva was not mailed the pleadings. Second, the court repeated the decision that Mr. Toybin was guilty of harassment. And third, because Mr. Toybin was guilty, his request for payment of attorney's fees by SHIELD was denied.

On March 19, 2009, this new evidence of continued harassment by Yefim Toybin was reported in a new petition to Phoenix Municipal Court by Olga Chaikheeva, Director of the SHIELD Foundation.

The court immediately issued a "Notice of Hearing Prior to Injunction Against Workplace Harassment" — Case No. 3970412, NFN SHIELD Foundation vs. Yefim Toybin. This Notice was properly served to Toybin on the same day at his home by the Phoenix Police Department.

Though the court ordered a hearing for April 3, Toybin postponed the hearing to April 16 (8:30 AM, Court room 608).

The case could be expanded to include anyone else who helped Toybin harass the SHIELD Foundation and ARC.

In the petition, the SHIELD Foundation requested a "permanent injunction" to be issued against Toybin, which would not expire, to prevent Yefim Toybin from harassing Russians in Arizona in the future.

The outcome of the April 16, 2009 court hearing will be posted here.
— Anonymous
This entire story is not simple to explain because there are many contradictions, actions, players, partners, and dis-information since 2003 to report.— over 100 court documents and dozens of Internet postings.

Mr Toybin is invited to respond to this article and send in all his "ФАКТs" for posting and comment, but he refusesd.
Court Records:
Russian version: Ефим Тойбин Виновный в Домогательствах и Преследованиях, платит $ 11669.37

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