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Posts archive for: February, 2011
  • CaliforniaALL- Part 4:Ex CPUC Commissioner Geoffrey F. Brown Now Focus of Probe

    Geoffrey F. Brown (AKA Geoff Brown) -- a former commissioner with the California Public Utilities Commission ("CPUC") is under extreme scrutiny in matters relating to CaliforniaALL, The Leslie Brodie Report has learned.

    CaliforniaALL, a 501(c)(3) charitable entity, was the brainchild of
    Ruthe Ashley (a Diversity Officer at CalPERS and Vice-President of the State Bar of California) and Peter Arth Jr., Chief of Staff to CPUC President Michael Peevey.

    In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies (AT&T, PG&E, Verizon, Sempra), including a sub-rosa contribution of $769,247.00 from the State Bar of California Foundation (DBA California Bar Foundation.)

    CaliforniaALL was abruptly dissolved in June of 2010.

    Geoffrey F. Brown
    Mr. Geoffrey Brown, professor of law at JFK School of Law. Between 2001 to 2007 served as Commissioner with the CPUC. From 2006 to 2009 Brown serve as director with the State Bar of California Foundation (DBA "California Bar Foundation"). In 2008, California Bar Foundation quietly transferred $769,247.00 to CaliforniaALL.

    Sources with knowledge of the investigation, speaking on condition of anonymity, maintain a red flag has been raised over Brown due to the overall circumstances surrounding California Bar Foundation, CaliforniaALL, CPUC, and utility companies.

    The sources declined to provide specific details other than to mention that, as is the case with Ms. Gwen Moore, Brown's familiarity with the CPUC and utility companies is also being reviewed for potential leads.

  • CaliforniaALL- Part 3: The Money Chase

    CaliforniaALL, a 501(c)(3) charitable entity, was the brainchild of Ruthe Catolico Ashley -- a Diversity Officer at CalPERS who also served as the Vice-President of the State Bar of California.

    In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million from utility companies, including a sub-rosa contribution of $780,000 from the State Bar of California Foundation.

    Leslie Hatamiya
    Ms. Leslie Hatamiya. Executive Director, State Bar of California Foundation (DBA California Bar Foundation). The Foundation--a sub-entity of the State Bar of California -- is directly reporting to the State Bar Board of Governors. In 2008, an unusual sub-rosa transfer of $780,000 from the Foundation to CaliforniaALL took place. Conveniently, it never made it to the foundation "Newsroom". (Photo:courtesy)

    Specifically, CaliforniaALL alleged purpose was to award grants to entities which would increase minority participation in the "pipelines" that feed into industries such as finance, technology, and law.

    Extensive research shows that CaliforniaALL awarded only one grant during its existence. The grant was for $100,000, and was issued to the U.C. Irvine Foundation to be used for a "Saturday Law Academy" at U.C. A subsequent grant in the amount of $100,000 arrived courtesy of Verizon Communications.

    Senator Joseph Dunn

    According to confidential sources, presnetly there is no showing of any wrong doing on the part of Dean Erwin Chemerinsky, as well as on the part of U.C. Irvine Foundation's trustee Joe Dunn -- Executive Director, State Bar of California.

    Registry of Charitable Trusts

    According to the Registry of Charitable Trusts (RCT) maintained by California’s Attorney General, CaliforniaALL’s income totaled $1,361,319 in 2008, and $370,511 in 2009.

    A total of $1,731,830 during that period.

    CaliforniaALL, Attorney General,
    Further, the RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008. It was likely shortly thereafter that the IRS granted the entity Section 501(C)(3) status.

    Ruthe Ashley
    Thus, as part of a master plan, it was now time for Ruthe Ashley to make her appearance, indeed. She did so in June of 2008.

    CaliforniaALL issued multiple press releases announcing that Ruthe Ashley would serve as CaliforniaALL’s CEO.
    CaliforniaALL hires Ruthe Ashley - Copy

    Certainly, CaliforniaALL had various expenses during this period, including Ruthe Ashley’s annual salary of $140,000; a $150,000 payment to Sarah E. Redfield -- Interim Executive Director -- in her capacity as a "subcontractor". A dinner to honor Gwen Moore and others in Sacramento; and a $100,000 grant to U.C. Irvine.

    It is hard to comprehend how funds contributed to the State Bar of California Foundation in order to "promote justice", ended up promoting Gwen Moore and Wal-Mart at a lavish hotel in Sacramento. Details about the "Gala" below.
    CaliforniaALL Gwen Moore

    Also, as part of the master plan and due to her steadfast commitment to diversity, it was time for Ruthe Ashley to exit CaliforniaALL, which she did in September 2009.
    Ruthe Ashley Letter of Resignation

    Around the same time, CaliforniaALL's was no longer housed at the Sacramento office of DLA Piper, and was moved to Citrus Heights.

    Larissa Parecki

    CaliforniaALL was now left in the trusted hands of Larissa Parecki , who had been a staff member with CaliforniaALL since its inception.

    Parecki had previously worked as an executive secretary at McGeorge Law School from May 2004 to January 2008 where she had met Ruthe Ahsley.

    From January to June 2008, Parecki was employed at CalPERS as a "Staff Service Analyst," with an emphasis on "pipeline programming." In short, while at CalPERS Parecki worked for Ruthe Ashley.

    In June 2008, Parecki accompanied Ruthe Ashley to CaliforniaALL to work as the office manager.

    From September 2009 (when Ashley left CaliforniaALL) to June 2010 (when CaliforniaALL was dissolved), Parecki served as CaliforniaALL’s Interim CEO.

    According to sources close to the investigation who spoke on condition of anonymity, while Parecki is neither a suspect nor a person of interest, messages she posted on Twitter on behalf of CaliforniaALL might prove useful, and are being examined very carefully.

    This includes the message below,for example, which shows that financing to the "Green Academy" came from PG&E(and not CaliforniaALL, should someone ever make such a claim).
    CaliforniaALL Twitter

    PG & E Green Energy Academy

    Likewise, a press release issued by CaliforniaALL in March 2010 which was authored by Sarah Modeste shows that the only two programs CaliforniaALL participated in were the Law Academy and the "Green Energy Academy" (see below).

    Thus, sources maintain, part of the multipronged investigation is an attempt to ascertain the status of between $700,000 to $1,000,000 which is yet to be accounted for.

    TO BE CONTINUED.

    Modeste
    Modeste 2

  • CaliforniaALL -- Part 2: Concerns Mount Over Interim Executive Director Sarah E. Redfield ; Cal Bar BOG Member Gwen Moore

    In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including a sub-rosa contribution of $780,000 from the State Bar of California Foundation.

    Specifically, CaliforniaALL would award grants to entities which would increase minority participation in the "pipelines" that feed into industries such as finance, technology, and law.

    Extensive research shows that CaliforniaALL awarded only one grant during its existence. The grant was for $100,000, and was issued to an educational facility in Orange County – specifically, U.C. Irvine School of Law headed by Erwin Chemerinsky.

    GWEN MOORE
    According to confidential sources, Ms. Gwen Moore, a current member of the State Bar Board of Governors, is under heavy scrutiny as a result of these matters.

    Ms. Gwen Moore
    Ms. Gwen Moore (Photo:Courtesy)

    A prior FBI sting operation that targeted Gwen Moore; as well her familiarity with the California Public Utilities Commission ("CPUC") and utility companies, is being reviewed for potential leads and in order to become familiar with Moore's modus operandi.

    Separately, sources maintain that Moore's agendas and politics are a source of concern, particularly as she presently serves on the RAD Committee.

    According to one source, "While her actions to promote equality such as General Order 156 are certainly appreciated and understood, particularly in light of the persistent mistreatment of African-Americans in the U.S., I would tend to question her ability to remain impartial in matters which come before the BOG in general and the RAD in particular involving misconduct by minorities and/or close political allies from the Democratic party."

    "Clearly, one substantial factor leading to the State Bar’s ethical and moral collapse was provided courtesy of individuals who fall into those two categories (i.e., minorities and/or close political allies from the Democratic party), including JoAnn Remke, Judy Johnson, Debra Murphy-Lawson, Patrice McElroy, Lucy Armendariz, Mike Nisperos, and – as we are learning through the latest revelations pertaining to her – Ruthe Ashley," the source added.

    In particular, the source referenced JoAnn Remke's lengthy and persistent trail of misconduct, including the "60 Day Suspension Scandal" and the "Ronald Stovitz Scandal," and culminating in the egregious misconduct in matters relating to nationally-renowned lawyer's lawyer Philip Edward Kay.

    SARAH E. REDFIELD

    Per CaliforniaALL and Ruthe Ashley, in April 2007 three attorneys who were representing three separate governmental agencies (the State Bar of California, CalPERS, and CPUC) met at a San Francisco restaurant for a brainstorming session concerning how to further promote diversity in the California workforce. The three lawyers were Ruthe Ashley, Sarah E. Redfield, and Pete Arth Jr.

    With a steadfast commitment, all three arrived for the "brainstorming session" without any notepads; they quickly improvised and resorted to recording notes on a paper napkin. According to Ashley, these notes were the cornerstones of CaliforniaALL. See an excerpt from CaliforniaALL's website below:

    history of californiaALL..

    Urban legend notwithstanding, Ashley's version of events is slightly inaccurate, as Sarah Redfield (a visiting professor from New Hampshire who Ashley met at McGeorge School of Law) is not a member of the California Bar, and was not representing any governmental agency.

    In actuality, Ruthe Ashley acted on behalf of both the State Bar California and CalPERS -- where she was at the time employed as a Diversity Officer. Pete Arth, an attorney with the CPUC, spoke on behalf of the CPUC. (It is worth noting that most of the donations later made to CaliforniaALL originated from utility companies such as Verizon and PG&E.)

    Eventually, CalPERS, CPUC, and the State Bar of California endorsed in principle the creation of CaliforniaALL – a Section 501(c)(3) entity that would raise funds to be used to support a more diverse work-force in California.

    Specifically, CaliforniaALL would award grants to entities which would increase minority participation in the "pipelines" that feed into industries such as finance, technology, and law.

    In the meantime, with a green light to proceed with her plans and with the credibility of state agencies behind her, Ruthe Ashley marched on.

    Ashley, however, wanted to maintain a low profile AND make it appear that her subsequent hiring was purely coincidental. As such, she delegated the task of forming the legal entity to be known as CaliforniaALL to Sarah Redfield and Victor Miramontes.

    Papers were filed with both state and federal agencies to allow CaliforniaALL to operate as a tax exempt entity. Victor Miramontes listed himself as Chairman of the Board, and Sarah E. Redfield served as CaliforniaAll’s interim-executive-director for a period of 6 months. See below excerpt from CaliforniaALL's website:

    Sarah E. Redfield's Book

    Sarah Redfield, one of the three lawyers who met at the San Francisco restaurant and who acted as CaliforniaALL's Interim Executive Director was paid $157,763 while misclassified as an "independent contractor" in tax-returns submitted to the Internal Revenue Service.

    See excerpt below from 2008 CaliforniaALL’s tax return.

    nbmjhuo

    Any argument that, in addition to her role as Interim Executive Director, Redfield was also paid for her role as a "consultant" will be defeated by assertions that CaliforniaALL and Ruthe Ashley made under penalty of perjury when they answered NO to question 28 in Form 990 of CaliforniaALL's 2008 tax rerurn.

    "During the tax year, did any person who is a current or former officer, director, trustee, or key employee a) Have a direct business relationship with the organization (other than as an officer, director, trustee, or employee)"

    See below:

    123234

    TO BE CONTINUED

  • CaliforniaALL - Part 1: Embezzlement of $769,247.00 from the State Bar of California Foundation aka California Bar Foundation

    I. INTRODUCTION

    "CaliforniaALL", a charity which was allegedly created to serve as a conduit by collecting money from various entities to be used in investing in other entities in order to promote "Diversity" in California, is under heavy scrutiny -- the Leslie Brodie Report has learned.

     Ruthe Ashley
    Ms. Ruth Ashley, a former member of the State bar of California Board of Governors, arranged with others the subrosa transfer of $769,247.00 from the State Bar to a chritable entity -- CaliforniaALL -- which was under her control. (Photo: courtesy)

    In its very short existence, CaliforniaALL collected close to $2 million (including a whopping $780,000 from the State Bar of California Foundation). Extensive research shows that the entity awarded only one grant in the amount of $100,000 to an educational facility in Orange County.

    Later, Ruthe Ashley resigned from her CEO position at CaliforniaALL. Subsequently, within few months, it was announced that CaliforniaALL was dissolved. You can see the signed letter here: http://www.calall.org/

    Speaking on condition of anonymity, sources declined to confirm or deny the existense of an investigation by Federal law enforcement.

    II. NOTICES TO OUR READERS:

    * The Leslie Brodie Report urges the readers to exercise caution and not jump to conclusions regarding misconduct by anyone. Especially as to any involvement by U.S. District Court Judge Morrison England and Kamala Harris -- who only served on the advisory counsil of CaliforniaALL.

    * Presently, the main suspects are Ruthe Ashley, Victor Miramontes, Sarah E. Redfield, Judy Johnson, Leslie Hatamiya, Patricia Lee, Holly Fujie, Howard Miller, Douglas Winthrop, and to a lesser extent Starr Babcock and Robert Hawley.

    * DLA Piper's Gilles Attia is a of Interest; Similarly, Sarah Attia-- a "consultant" for CaliforniaALL -- is also a of Interest. Torie Flournoy-England (presumablly related to Judge Morrison England and board member at California ALL) is also a of interest; as is BOG member Gwen Moore -- who was honored by CaliforniaALL at a lavish party in Sacramento hotel.

    *Also of interest is whether a disclosure was made by Judge England and the State Bar while the case of Sara Granda v. The State Bar of California was pending in front of Judge England.

    III. FACTUAL BACKGROUND:

    The Leslie Brodie Report (TLR) is carefully following a major developing story out of California. We will provide around-the-clock coverage and post updates as they become available.

    To date, TLR has learned the following:

    -- In December 1997, Henry Cisneros was indicted on 18 counts of conspiracy, giving false statements, and obstruction of justice. In September 1999, Cisneros negotiated a plea agreement, under which he pled guilty to a misdemeanor count of lying to the FBI, and was fined $10,000. He did not receive jail time or probation, and ultimately was pardoned by President Bill Clinton in January 2001.

    -- CityView, a Los Angeles-based entity, is controlled by former HUD Secretary Henry Cisneros and Victor Miramontes. In approximately 2007-2008, Mr. Miramontes was instrumental in the creation of California ALL, a Section 501(c)(3) charitable organization. The charity was allegedly created to serve as a conduit by collecting money from various entities to be used in investing in other entities in order to promote diversity. Miramontes served as California ALL's Chairman of the board of directors.

    -- CalPERS (California Public Employees' Retirement System)and CityView have a very close working relationship, and are partners in urban real estate projects in cities such as Los Angeles, Dallas, and Denver.

    -- In approximately 2007, Ruth Ashley -- an attorney from Sacramento and a member of the State Bar of California Board of Governors -- was employed by CalPERS as a "Diversity Officer, External Affair." Prior to her employment with CalPERS, Ms. Ashley was employed as a diversity officer at McGeorge School of Law in Sacramento. While at McGeorge, Ms. Ashley met diversity expert Sarah E. Redfield.

    -- On June 26, 2007, Ruth Ashley -- while employed at CalPERS and serving as a member of the State Bar Board of Governors ("BOG"), presented to the BOG the concept of California ALL, and recommnended that the State Bar support the organization.
    Ashley Proposes to the BOG

    In addition to the obvious conflicts of interest and self-dealing on the part of Ms. Ashley, this arrangement was allegedly part of a criminal scheme on the part of Ms. Ashley, Patricia Lee, Leslie Hatamiya, and Judy Johnson to create a charitable organization that would later serve as a vehicle to misappropriate close to $800,000 from the State Bar of California Foundation.

    Aiding in the scheme and the attempt to cover-up and mislead the public were Victor Miramontes and Sarah E. Redfield -- who in the meantime had begun the process of creating the legal entity known as "California ALL" by filing the necesary papers with the State of California and the Internal Revenue Service.

    The State Bar Board of Governors eventually voted to endorse and otherwise support California ALL.

    As soon as the the IRS approved California ALL's status as a Section 503(c)3) organization, it was announced that Ruth Ashley has been hired to serve as California ALL's CEO. Immediately, the State Bar of California, VERY QUIETLY, transfered $769,247 to California ALL.

    Conveniently, California Bar Journal MADE NO MENTION of the State Bar's generous support. In fact, the only references to the transfer of money from the State Bar to California ALL are found in the Foundation's Form 990 filed with the IRS, and a small blurb in the 2008 annual report. See below:
    Cal Bar Tax

    State Bar of California Foundation 2008 Annual Report Contained the Following:
    Cal Bar Foundation CalALL

    -- To add insult to injury, Ruth Ashley also misled the IRS, by stating in returns bearing her signature that she was hired after a nationwide search, while all along it was obvious that she would be hired as CEO and that she was in control of California ALL from its inception.
    CalALL 2008 990 Ruth Ashley as CEO

    -- Stingy with credit (as was California Bar Journal), California ALL's publications or newsletters NEVER identified the State Bar as a "Founding Funder" as were, for example, Verizon and others.

    This includes literature created before and after Ruthe Ashley was hired as a CEO. This lends further credence to the belief that there was, ab initio, an intention to misappropriate these funds while misleading the public. See example below:
    CalALL Credit

    --CaliforniaALL's was housed at:

    400 Capitol Mall
    Suite 2400
    Sacramento, California 95814

    The above adress is actually the adress of the law-offices of DLA Piper in Sacramento.

    In its publication, CaliforniaALL thanked DLA Piper for offering pro-bono space in the Sacramento office. Yet, in CaliforniaALL's tax-return signed by Ruthe Ashley, an expsnse in the amount of $16,457 for "occupancy" is listed. (See two images below)

    dla

    Occupancy 990 of California ALL

    TO BE CONTINUED.

  • For Fixer Beth Jay, a Lavish Awakening

    Ms. Beth Judith Jay – who in addition to serving as Ronald George's principal attorney also served as a formal and informal liaison between Ronald George and the State Bar of California – is the subject of multiple legal proceedings in California relating to her undisclosed meetings with State Bar of California judges and prosecutors.

    Beth Jay
    Beth Jay -- AKA as the "Winston Wolf" of the California Supreme Court – http://tinyurl.com/bethjaythefixer -- served as the principal attorney in the chambers of former Chief Justice Ronald George. Beth Jay stated to Cal Bar Journal "My job is so fluid, it's hard to sort of capture it and say, 'This is a snapshot of what I do.'" (Photo:courtesy)

    According to confidential sources in California, Patricia J. Barry, an attorney who has dedicated her career to civil rights, women's rights, and workplace freedom, has filed papers with the California Supreme Court which also request information about the peculiar nature of Beth Jay’s contact with State Bar officials.

    The sources maintain that the California Supreme Court issued an order directing the State Bar of California to otherwise submit a reply to Barry's requests.

    Patricia Barry
    Ms. Patricia Barry, a superb trial attorney with a distinguished career, graduated from UCLA School of Law. She is known for arguing the nation’s first sexual harassment case before the United States Supreme Court. Her tireless efforts were instrumental in exposing alleged unethical management and hostile treatment of employees at the Los Angeles DWP. She is shown above during an interview with Steve Murphy to discuss corruption within the Los Angeles DWP. The interview can be viewed by visiting the following link: http://tinyurl.com/INSIDEREXCLUSIVE.

    Additionaly, TLR has learned that Ms. Barry has filed a civil action against the State Bar of California in Los Angeles Superior Court.

    In addition, the sources indicated that there are other proceedings and plans seeking to name Beth Jay and others in actions alleging civil rights violations, fraud, violations of "honest services doctrine", as well re-examining the validity of State Bar Court proceedings.

    Moreover, confidential sources maintain that actor and community activist Perry F. Caravello recently sent a letter to Associate Justice Kennedy of the U.S. Supreme Court alleging various acts of professional misconduct as well as alleged transgressions relating to Justice George's personal conduct and the alleged involvement of Beth Jay in arranging various transactions.

    Justice Ronald George
    Justice Ronald M. George, "somebody who understands the need to play hard," as conveyed by Beth Jay to the Cal Bar Journal, is seen in the above picture at his chamber in San Francisco. (Photo: courtesy)

    Judge Thelton Henderson, who according to an article published in the Recorder, "hooks up" with Beth Jay from time to time to shoot the breeze over dinner or drinks, is of the opinion that Beth Jay is "very loyal to Ron George" and otherwise possesses "clout".

    Mr. Starr Babcock, who was recently appointed as Chief Trial Counsel, acknowledged in the article that State Bar staff meet with Beth Jay on a regular basis. (Mr. Babcock's comments were made prior to his appointment as Chief Trial Counsel)

    Starr Babcock
    Mr. Starr Babcock: "The thing that's real clear is that when you talk to her (Beth Jay), you can be real sure she has gotten, and is carrying, a clear directive from the chief (justice)." Beth Jay "is clearly giving direction about something he has thought a lot about. You don't need to go back and ask, 'Did I get this right?'" (Photo: courtesy of Cal Bar Journal)

    Similarly, in an article published by the Recorder on November 19, 2008 Mr. Scott Drexel -- former Chief Trial Counsel -- also alluded to meeting Supreme Court personnel multiple times.

  • Update 4: Communication between Confidetial Complainant and Howard Rice's Pamela Phillips and Sean SeLegue

    I write to address matters relating to the involvement by you and your firm in the circumstances surrounding the appointment, and subsequent actions, of Jerome Falk as Special Deputy Trial Counsel for purposes of examining attorney misconduct in the litigation against Dole.

    As explained below, I request that you forward to me various data and information.

    Because Mr. Miller served as President of the State Bar during the imposition of discipline by the Ninth Circuit, the State Bar properly disqualified itself. Mr. Falk of Howard Rice — a firm in which you are both members — was appointed to serve as Special Deputy Trial Counsel. Mr. Falk's recommendations shocked many including, most recently, Mr. David Cameron Carr, President of the Association of Discipline Defense Counsel.

    My position is that because Mr. Falk should never have been assigned the task of serving as Special Deputy Trial Counsel, his decision is void, as it was procured as a result of factors inconsistent with the proper administration of justice.

    Accordingly, a few weeks ago I asked the Board of Governors to independently examine the circumstances and reassign the case to a wholly new independent and neutral Special Deputy Trial Counsel. I have also advanced an ethics complaint against Messrs. Falk, Winthrop, Miller, and Towery for improperly assigning the case to the firm of Howard Rice, and against Mr. Falk for prosecutorial misconduct. Additionally, if necessary, I plan to approach the California Supreme Court for redress.

    When Jerome Falk was notified that he was selected to serve as Special Deputy Trial Counsel, alarms, bells, whistles, and red flags should have been raised and sounded at the offices of Howard Rice Nemerovski Canady Falk & Rabkin. The appointment should have been immediately overruled by the managing partner of Howard Rice (Mr. Douglas Winthrop) during the conflict check process as he himself served (and continues to serve) as an officer of the State Bar of California.

    Also, the appointment should have been immediately overruled because of the close personal relationship between Mr. Winthrop and Mr. Miller (who, in addition to serving as president of the State Bar and a partner with Girardi & Keese, was one of the attorneys Jerome Falk should have investigated because he was one of the attorneys of record in the case against Dole).

    Moreover, during the initial conflict check, both of you (as well as Mr. Noah Rosenthal) had a duty to speak up and point out that, due to the nature of your practice (i.e. defending attorneys and law-firms in ethics-related proceedings) doubts would be raised as to Howard Rice's impartiality, in that Jerome Falk would arguably be influenced by financial considerations and would compromise his duties of loyalty and zealousness as a special prosecutor by failing to prosecute with vigor. After all, a firm known as "the lawyers for lawyers” would not want to cross to the other side given the potential damage to its reputation in that arena. Mr. SeLegue's and Mr. Rosenthal's membership in the specialized Bar known as the "Association of Discipline Defense Counsel” further bolsters this rational.

    As a side note, and as referenced above, even the President of that organization expressed dismay at the result of Mr. Falk's decision in an article he wrote entitled, "It is good to be a king.” The fact that Mr. Girardi's other attorney in the matter of In Re Girardi, Ms. Diane Karpman, is also a member of the association (who also, conveniently, chose to remain silent) further raises doubts.

    Notwithstanding Sean SeLegue's role as the main actor, both of you had a duty to speak up again around October 12, 2010, when the First District Court of Appeal published its decision in Benjamin, Weill & Mazer v. Kors, 189 Cal.App.4th 126 (2010) concerning Sean SeLegue's appearance of partiality; the rationale of that decision alone should have alerted all of you that doubts would be raised as to the impartiality of Jerome Falk and firm that specializes in defending attorneys and law firms when it is selected to prosecute attorney misconduct.

    As such, in addition to Jerome Falk and Douglas Winthrop, doubts exist as to the impartiality and the fulfillment of duties by both of you, as well as whether all of you compromised your professional obligations in favor of economic considerations in order to maintain a future stream of clients in general, and from the firm of Skadden Arps in particular.

    Therefore, in order to complete my inquiry into these matters, I ask you to forward me the following information, which I plan to use when amending the ethics complaint and when approaching the California Supreme Court:

    1. The extent of Howard Rice's involvement in the case of Slesinger v. Walt Disney. At one point or another, Girardi & Keese, Eric M. George of Browne Woods George, and Steven Mayer of Howard Rice were involved in this matter as plaintiffs' counsel. As such, I need as much information as possible. I ask that you specifically advise me whether Howard Rice took the case on a contingency basis, and whether Girardi & Keese and Eric George's firm maintain liens on any potential recovery.

    2. The extent of Mr. Winthrop's and Ms. Phillips' involvement as a members of a State Bar of California Foundation event committee in an event sponsored, in part, by Engstrom, Lipscomb and Lack. It is interesting to note that prior to this event, Engstrom, Lipscomb and Lack never made any contribution to the Foundation.

    3. Thomas Nolan, the West Coast chair of Skadden Arps, represented Mr. Girardi in the matter of In Re Girardi. The relationship between Messrs. Nolan and Girardi extends beyond the average attorney-client relationship. Their close friendship and loyalty to each other is well known and well established. As such, I ask that you also provide a list of all cases in which Howard Rice and Skadden Arps both represented parties in the past 5 years.

    In addition to the matters of Mattel v. MGA and City of Hope v. Genentech, I ask that you provide information about transactions which may not generally be accessed by the public, as well as all proceedings involving arbitration, mediation, securities, etc. Please include proceedings venued outside of California, such as Mary Morgan v. Berry Cash, if they exist.

    As questions exist as to the motives of Skadden Arps in asking the Ninth Circuit to remove its name from the published decision in the matter of In Re Girardi at around the time Mr. Girardi was acting as plaintiffs' lead counsel in Fogel v. Farmers Group (a case in which Raoul Kennedy of Skadden Arps was part of the defense team), I ask that you briefly delineate the relationship between Raoul Kennedy and Howard Rice in matters other than Strauss v. Horton.

    4. Prior to assuming the role of Chief Trial Counsel, James Towery served as the attorney for ConnectU — a company established by Howard Rice's clients, Messrs. Winklevoss. While the case was litigated, there were back and forth communications between Sean SeLegue and James Towery. As ConnectU eventually was subsumed by Facebook and as a result of other complicated transactions, I ask that you briefly delineate the role and the extent of involvement of Jerome Falk, Sean SeLegue, and James Towery in those matters, and whether or not their interests were adverse to one another.

    5. The extent, if at all, of the relationship between Howard Rice and Girardi & Keese and Engstrom, Lipscomb and Lack. Was Howard Rice ever assisted by or did it obtain assistance, either formally or informally, from either of those firms such as, for example, in the case Howard Rice prosecuted against Ford Motor Company? At first glance, it appears fortuitous that all three firms engaged in litigation against Ford around the same time.

    6. Due to the enmeshment of Girardi & Keese and Howard Rice with the State Bar of California, I request a detailed list of all monetary contributions by Howard Rice to the State Bar of California in the past 5 years.

    In addition to the Foundation of the State Bar of California, the State Bar also encourages members to donate money to various other programs, such as the "Justice Gap Funds” and the "California Equal Access Fund.” While donations made to the Foundation are easily ascertained and are otherwise freely available for public inspection, there is much secrecy about the amounts contributed and how the funds are distributed (including amounts) with respect to the Justice Gap Funds and the California Equal Access Funds.

    7. Any and all other factors or facts that would cause a reasonable person to entertain doubts as to the impartiality of Howard Rice and its members in the proceedings at issue, including the disclosure of relationships between members of the firm and others (ie, former Chief Justice Ronald George). If, for example, Jerome Falk or Stephen Mayer are friends of the former Chief Justice, this should be disclosed.

    Serious concerns exist as to the relationship and friendship between Mr. Girardi and Ronald George. Similarly, concerns exist regarding a class action in which Walter Lack, Thomas Girardi, and Eric George prosecuted on behalf of various plaintiffs in the Hawaiian Ocean Shipping antitrust litigation, as well as the Horizon Lines matter in which Walter Lack and Eric George were part of a team of plaintiffs' counsel.

    Thank you for your cooperation regrading these matters. I look forward to your response.

    ----------------------------------------------------------------------------------------------------------------------------------------------------------

    For important updates, including communication from Jerome Falk,  please see @:

    http://lesliebrodie.blog.co.uk/2011/12/08/jerome-b-falk-of-howard-rice-state-bar-of-california-special-prosecutor-in-ninth-circuit-matter-of-in-re-girardi-adjudicated-by-n-randy-smith-mar-12275371/

    AND @:

    http://lesliebrodie.blog.co.uk/2011/12/13/ninth-circuit-court-of-appeal-matter-of-in-re-thomas-girardi-adjudicated-by-marsha-berzon-n-rabdy-smith-william-fletcher-jerome-falk-howard-rice--12300044/

  • Girardi & Keese's Thomas Girardi -- Massively Reckless

    The Leslie Brodie Report (TLR) has obtained from annonymous sources a copy of a letter sent by Mr. Thomas Girardi to the Daily Journal.

    While it is unknown if the Daily Journal published the letter, we chose to make the letter public as a service to the community.

    Thomas Girardi's letter to Daily Journal. - Copy - Copy

    For more about Thomas Girardi, please visit:

    http://bit.ly/xY2k5q

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