Did a man who was filmed receiving a sex act in public at SantaCon pose as a lawyer using his OWN name and threaten to sue anyone who published the video?

By Michael Zennie

PUBLISHED: 18:04 EST, 18 December 2013 | UPDATED: 18:15 EST, 18 December 2013

A video of a very naughty Mr and Mrs Claus performing a sex act in public during SantaCon has gotten a New York financial analyst into a world of trouble.

After the footage surfaced on Monday, 27-year-old Tyler Van Buren sent an email to Gawker claiming to be an attorney for the man in the video and threatening to sue if the gossip site didn't take the video down.

But it seems that Van Buren isn't an attorney. And Gawker implies that it is actually Van Buren who was in the footage.

Very naughty Mr and Mrs Claus: These two SantaCon participants appear to be engaging in a sex act in the window of a drug store - in full view of a busy street in Manhattan

Very naughty Mr and Mrs Claus: These two SantaCon participants appear to be engaging in a sex act in the window of a drug store - in full view of a busy street in Manhattan

The video, which has since been taken down, shows a man and woman standing face-to-face in the window of a Duane Reade pharmacy - in full view of everyone on the busy New York City street. The man appears to be receiving a sex act.

Reached on the phone by MailOnline Van Buren - who was sobbing - denied being the man in the video.

However, he refused to comment further.

 

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In the letter, Van Buren threatens legal action against Gawker for publishing the video.

At the time, the story contained no names and no faces. It was not possible to identify the participants from the footage.

The scene was filmed by a third party and posted on Instagram. The user has since taken the footage down.

SantaCon
Tyler Van Buren

Look similar? Gawker implied that the man pictured in the crude video (left) is Tyler Van Buren, the 27-year-old financial analyst who wrote the site a cease and desist letter pretending to be an attorney

'My client is a successful New York business man who was simply trying to get home with his girlfriend who had a little bit too much to drink while at SantaCon,' Van Buren wrote.

'The articles that have been posted are extremely hurtful, derogatory, and are simply a defamation of character. The accusations being made have no merit and no basis and are not only inappropriate, but damaging for my client and his girlfriend's reputation and their respective careers.'

Instead of complying with the request, Gawker posted a lengthy article digging into Van Buren's background and mocking him for posing as an attorney.

SantaCon has come in for criticism from New Yorkers who say it brings 30,000 drunk and out-of-control 20- and 30-somethings into Lower Manhattan who fight, swear, urinate and vomit in the streets as they rampage from bar-to-bar. 

Despite claims that organizers had cracked down on rowdy behavior, a video surfaced earlier this week that showed five Santas and an elf brawling in the snowy streets.




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"Receiving" a sex act?? I thought Santa was the one to give presents.

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Big brother is always watching. When will we learn?

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Dunno. Why are you asking US, guys? Aren't YOU meant to be the people dishing out the facts for the news, DM?

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Santa comes but once a year, and when he does he brings good cheer. This article proves it!

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Santa does only empty his sack once a year

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Sick

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Ho! Ho! Ho! Doesn't anyone else think this is hilarious? His only problem was not staying in character and telling the filmers, "publish that and you'll be on the naughty list for eternity!"

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Do stupid things in public and guess what, unwanted attention!

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he can't sue for anything. you can film and photograph someone in public as long as it's not an illegal act of voyeurism. what this person did was film a crime committed in public view. no more illegal than the many secuirty cameras positioned in and outside of businesses. i'd love to see him sue for this.

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He's on the naughty list now.

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