RE: Matter of Howard Rice's Jerome Falk Acting as Special Prosecutor on Behalf of State Bar of California Relating to Grave Attorney Misconduct by Howard Miller, Thomas Girardi, Walter Lack, Paul Triana, and Sean Topp in Litigation against Dole Food Company (aka the Rule 2201(i) Matter)
Dear Mr. Hawley:
This will respond to your correspondence, in which you informed me that the RAD Committee has appointed a special counsel to inquire into the above matter, and that said special counsel prepared a report recommending closure of the matter, and that the RAD Committee adopted said recommendation.
Note, that as there are parallel proceedings (pursuant to thecomplaints I filed with both the RAD and the Intake Office), I am working on the assumption that the Intake Office is still reviewing the complaint I filed against Messrs. Towery, Miller, Falk, and Winthrop, and that the Intake Office will soon appoint outside counsel to determine the validity of the complaint. Please advise, as I have not yet heard from the Intake Office.
Note that, from my perspective, the decision of the RAD Committee is void ab initio, and I will seek such a declaration via a direct petition to the California Supreme Court. Said petition will be styled as John Doe vs. Douglas Winthrop, and will seek multiple remedies. One requested form of relief will be that the California Bar Foundation be directed to produce the signed conflict of interest forms signed by Douglas Winthrop and Howard Miller, as well as all communications and documents relating to CaliforniaALL.
RAD Committee members Gwen Moore and Alec Chang.
For your information, following are the reasons I find the RAD decision problematic:
1. The presence and participation of Alec Chang of Skadden Arps as a member of the RAD Committee, as well as a lack of disclosure on his part as required by the State Bar Act. Note that Thomas Girardi was represented by Skadden Arps in the Ninth Circuit matter of "In Re Girardi," where both Thomas Girardi and Walter Lack were found to have committed outrageous and intentional misconduct vis-à-vis years of the persistent use of known falsehoods.
Note that Alec Chang's participation is problematic not only as far as the findings, but also his misconduct arising from his participation and failure to publicly disclose conflict, as required by the State Bar Act.
Also note that Skadden's shenanigans are also currently being manifested in the matter of Fogel vs. Farmers, where Skadden represents Farmers in a case in which Thomas Girardi and Walter Lack represent the class of plaintiffs.
2. The Presence of RAD Committee member Gwen Moore. Note that I previously submitted a complaint and a request for inquiry to the BOG regarding unlawful transactions pertaining to CaliforniaALL. RAD Committee member Gwen Moore was part and parcel of events surrounding CaliforniaALL even though, technically speaking, she may have committed no misconduct. In fact, Ms. Sarah Attia, a consultant for CaliforniaALL, is shown to have participated in preparations for a gala thrown by CaliforniaALL to honor Gwen Moore at the Radisson Hotel in Sacramento ( See press-release dated Septemebr 1, 2009 issued by Ms. Attia.)
Additionally, it is apparent that Gwen Moore has a clear motive to attempt to discredit me because I exposed the scheme concerning CCPF and Judy Johnson.
3. Refusal by California Bar Foundation (where Howard Rice's Douglas Winthrop serves as President) to produce to me the signed conflict of interest forms signed by Douglas Winthrop of Howard Rice and Howard Miller of Girardi & Keese. It is patently unfair to deprive me of evidence that I am entitled to examine (as was recently stated by the First District Court of Appeal in the matter of Sander vs. State Bar of California), and would have produced to the RAD Committee in support of my complaint. This is particularly given that I am unsure of the special counsel's identity, what evidence he or she collected, and the like.
4. In addition, recent discoveries have came to light vis-à-vis the surprise disclosure by MGA and Tom Nolan that Mr. Nolan is still representing MGA and, in fact, participated in the second trial involving MGA and Mattel. Note that Skadden Arps' Tom Nolan (Girardi's counsel in In Re Girardi) and Howard Rice's Falk and Winthrop represented MGA in the first trial, and the latest revelations also lead me to conclude that it is very likely Howard Rice did as well. I am currently looking into the matter, and will also include as part of the relief sought via the writ for Howard Rice to disclose the matter.
If appropriate, I request that you please forward a copy of the report prepared by the special counsel to me at your earliest convenience. Also, I will be awaiting word about the status of the complaint against Towery, Miller, Winthrop, and Falk, which is currently pending with the Intake Office.