Mr. Derek Anthony West (AKA Tony West) Acting Associate Attorney General, the third highest official at the United States Department of Justice. He joined Morrison & Foerster in 2001. While at MoFo, West represented “American Taliban” John Walker Lindh alongside partners James Brosnahan and Raj Chatterjee. His sister-in-law, Kamala Harris, is the California attorney general.

Mr. West shares a laugh with sister-in-law Kamala Harris former paramour who is like an albatross hanging around her neck — Willie Brown ( an otherwise a confederate of CPUC insider and State Bar of California Board of Governor member Gwen Moore.)

From left, Ms. Lateefah Simon (spouse of CPUC Commissioner and Golden Gate University Professor Timothy Alan Simon); Mr Tony West; Mr. John Burris, a well-known and well-respected civil rights attorney whom TLR previously introduce to its readers in connection with former crack-addict Mike Nisperos during a trip to CNMI HERE.

CaliforniaALL

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 approximately 2007, Ruthe Catolico 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.” 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 Redfield.

In April 2007, Ashley, along with Sarah Redfield, met Peter Arth (Chief of Staff to CPUC President Michael Peevey) at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. According to Ashley, all three arrived for the “brainstorming session” without any notepads; they quickly improvised and resorted to recording notes on a paper napkin which were the cornerstones of CaliforniaALL. See an excerpt from CaliforniaALL’s now defunct website below:

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.

On June 26, 2007, Ruth Ashley presented to the BOG the concept of California ALL, and recommnended that the State Bar support the organization.

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 workforce in California.

Serving as CaliforniaALL legal counsel were two partners from Morrison & Foerster, Ms. Susan Mac Cormac and Eric Tate. See below:

Morrison & Foerster Team (L-R) Ms. Dian Grueneich — Former Commissioner with California Public Utilities Commission (“CPUC”); Mr. Raj Chatterjee — current board member of the Foundation of State Bar of California (DBA California Bar Foundation, entity headed by Arnold & Porter’s Douglas Winthrop formerly of Howard Rice) ; Ms. Susan Mac Cormac — part of legal team which created entity CaliforniaALL, Mac Cormac was recently awarded “Rainmaker of the Year” by James Brosnahan’s alleged former mistress Marty Africa of Major Lindsey & Africa; Mr. Tony West; Mr. James J. Brosnahan of “Voice of OC” who represented El Paso Corp during California energy crisis opposing Pierce O’Donnell, Joe Cotchett, and Thomas Girardi of Joe Dunn’s Voice of OC; Ms. Annette Carnegie, formerly member of the board of California Bar Foundation during the Hush-Hush subrosa transfer of $780,000 to CaliforniaALL; Ms. Diane Pritchard who practiced extensively before the CPUC while at MoFo. (image: courtesy photo)

In the meantime, with a green light to proceed with the plan 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 entity to be known as CaliforniaALL to Sarah Redfield and Victor Miramontes.

Miramontes, a resident of San Antonio, Texas is associated with CityView, a Los Angeles-based entity controlled by former HUD Secretary Henry Cisneros

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:

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.

Thus, it was now time for Ruthe Ashley to make her appearance. She did so in June of 2008. CaliforniaALL issued multiple press releases announcing that Ruthe Ashley would serve as CaliforniaALL’s CEO.

Incidentally, Ashley and her attorneys represented to the IRS in returns bearing her signature that she was hired after a “nationwide search”, see below:

CaliforniaALL’s was housed at: 400 Capitol Mall, Suite 2400 Sacramento, California 95814. This 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 expense in the amount of $16,457 for “occupancy” is listed. (See two images below)

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 Hush-Hush contribution of $769,247.00 from the State Bar of California Foundation (DBA California Bar Foundation).

Once Ashley assumed the position, the Foundation of the State Bar of California (which is under the complete control of the State Bar of California Board of Governors) made a quiet transfer of approximately $780,000 from Cal Bar Foundation to CaliforniaALL.

At the time of the transfer, the individuals controlling the Foundation were Holly Fujie, Girardi & Keese’s Howard Miller, Howard Rice’s Douglas Winthrop, Ex CPUC Commissioner Geoffrey Brown, Annette Carnegie of Morrison & Foerster (the one and the same Morrison & Foerster which served as legal counsel to CaliforniaALL through Eric Tate Susan Mac Cormac) , and a few others.

CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.

Below is an image which reflects State Bar of California Foundation (DBA California Bar Foundation) IRS Tax-Return showing a transfer of $774,247 to CaliforniaALL.

Below, California Bar Foundation’s Newsroom, which made no mention of the “hush-hush” sub-rosa transfer to CaliforniaALL.

In 2008, serving as President of the Foundation was Mario Camara. A joint letter published and signed by Camara and Hatamiya also made no mention of the hush-hush transfer. Wasn’t Mr. Camara proud of it, just like he was proud of other money which went to support “pipelines” After all, CaliforniaALL was also intended to support “pipelines”. See below:

Below an image taken from CaliforniaALL own newsletter which alludes to the fact that the State Bar of California is a “Founding Partner” of CaliforniaALL. Stingy with credit and despite the transfer of close to $780,000 from the California Bar Foundation to CaliforniaALL, only utility companies are listed as “Founding Funders.” See below:

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where State Bar of California Executive-Director Joe Dunn (future owner of Voice of OC) serves as trustee and chair of the Audit Committee.

Voice of OC original members of the Board of Directors(L-R) UCI Law Professor Henry Winestein, James Brosnahan of Morrison & Foerster, Thomas Girardi of Girardi & Keese State Bar of California executive director Joe Dunn, and UCI Law Dean Erwin Chemerinsky.

In September 2009, Ruthe Ashley , as though her mission had been completed, abruptly exited CaliforniaALL. In the same month and year, State Bar of California Executive Director , Mr. Joe Dunn, publicly launched the online publication “The Voice of OC” with the help of Thomas Girardi of Girardi & Keese and James Brosnahan of Morrison & Foerster.

Also on September of 2009, CaliforniaALL saw fit to honor State Bar of California Board of Governors member Shrimpscam Gwen Moore — an appointee of Karen Bass and a confederate of fellow BOG member Jeannine English from the Little Hoover Commission:

Shockingly, and to add insult to injury, Jill Sperber of the State Bar of California would later claim

“No Bar or Foundation funds were used for CAAL creation (AKA CaliforniaALL – by TLR)

See original source HERE

THE MAKE BELIEF LAUNCHING OF SAL

UCI Foundation allegedly used the money it obtained from CaliforniaALL to launch a “Saturday Law Academy. ” According to Professor Sarah Redfield’s CV, between 2008 and 2009 she “launched” CaliforniaALL, participated in RFP, and “launched” the Saturday Academy of Law at U. C. Irvine.

Similarly, CaliforniaALL’s own publication indicates that with CaliforniaALL’s grant funds, U.C. Irvine developed and implemented the Saturday Academy of Law, and that by 2009 CaliforniaALL’s mission was visibly at work through the program. See below.

Unfortunately, this is not the case. Instead, as most transactions involving CaliforniaALL, the California Bar Foundation and the State Bar of California, it is imbued with fraud and egregious acts dishonesty and deception.

Specifically, the Saturday Academy of Law has been in existence for many years, and is part of the University of California Irvine’s Center for Educational Partnerships (CFEP), which has many programs to benefit the community, such as “UCI Saturdays with Sciences,” “Saturday Academy in Mathematics,” and the like.

For example, as part of a field trip to law firms, the photo below was taken in 2005 when the UCISAL group visited the law offices of Sheppard Mullin.

In 2007, UCISAL paid a visit to Allen Matkins. (See below.) We have intentionally blurred the photo to maintain the students’ privacy. Seated on the right is Robert Hamilton. On the far right is Karina Hamilton, a former Allen Matkins associate, wife of Robert Hamilton, and Director of UCISAL.

Please double-click on the photo for full view.

In fact, UCI’s own literature gives no credit to CaliforniaALL. (See below.)

Sources with knowledge, speaking on condition of anonymity, maintain a red flag has been raised over West due to the overall circumstances surrounding sham non-profit entity CaliforniaALL; Voice of OC; Morrison & Foerster (“MoFo”); MoFo’s James Brosnahan of Voice of OC ; MoFo’s Susan Mac Cormac ; California Public Utilities Commission (“CPUC”) ; State Bar of California executive-director Joe Dunn and Martha Escutia of Voice of OC ; Kamala Harris and mentor — John Keker of Keker & Van Nest; Willie Brown’s protégés — State Bar of California Board of Governors member Gwen Moore of Shrimpscam and CPUC Commissioner Timothy Simon.

According to the sources, while there is not even a scintilla of evidence that demonstrating that Mr. West somehow pocketed any money unlawfully or engaged in any other unlawful activities, his prior work with Brosnahan as well as the eerie coincidence that those who were involved with CaliforniaALL and Voice of OC were also in support of his conformation in 2009, requires further understanding of event, if only to examine potential conflict of interests should the DOJ ever investigate Voice of OC and/or CaliforniaALL — both entities with very close ties to Morrison & Foerster, and especially partner James Brosnahan.

The Leslie Brodie Report Has Updated Article Delineating Fraudulent Statements by Jill Sperber of State Bar of California; Links to Prima Facie Showing of Money Laundering Through California Bar Foundation; Quote by John Keker of Keker & Van Nest.

Please see updated article @:

http://tinyurl.com/883u3mx

While on its face the article references events relating to alleged ethical violations in the litigation between Sara Granda v. State Bar of California; boiling underneath the surface are prima facie showing of money laundering via the California Bar Foundation, and subsequent misappropriation of said funds by Voice of OC — an online publication established by State Bar of California executive director Joe Dunn with the help of Thomas Girardi and James Brosnahan.

Recently, Placer County Assistant District Attorney Clark Gehlbach, and fellow State Bar of California  BOG Members Joe Dunn of Voice of OC, Jon Streeter of Keker & Van Nest, Alec Chang of Skadden Arps, Nancy Fineman of Cotchett Pitre & McCarthy, Gretchen Nelson of Kreindler & Kreindler, Gwen Moore of GeM Communication, public member Jeannine English, Craig Holden of Lewis Brisbois, Samson Elsbernd, Karen Goodman, Loren Kieve, Pearl Gondrella Mann, Luis Rodriguez, Heather Linn Rosing, Lowell Carruth, public member George Davis of Davis Broadband Group, Cheryl Hicks, Patrick Kelly, Wells Lyman, Mark Shem, and public member Dennis Mangers have pressed criminal charges against the complainant on the ground that the ethics complaint relating to the case of Sara Granda v. State Bar of California, was false and malicious in violation of California Business & Professions Code 6043.5

RE: NINTH CIRCUIT MATTER OF IN RE THOMAS GIRARDI ; U.S. DISTRICT COURT JUDGE MORRISON C. ENGLAND; EXECUTIVE DIRECTOR OF THE STATE BAR OF CALIFORNIA, JOE DUNN OF VOICE OF OC; JAMES BROSNAHAN OF MORRISON & FOERSTER; LAW OFFICES OF SKADDEN ARPS; HOLLY FUJIE

Dear Honorable Chief Judge Kozinski and Honorable Judges Berzon, Smith, Tashima, and Fletcher:

This is written to advise you of circumstances relating to the California State Bar’s handling of the matter of In re Girardi pursuant to an order issued by this Court.

By way of background, at the conclusion of the appeal in a civil case prosecuted by the firms of Girardi & Keese and Engstrom Lipscomb & Lack against Dole Food Company, Judge Kozinski issued an order to show cause why Thomas Girardi and Walter Lack should not be disbarred, suspended, or sanctioned for the attempt to defraud this Court for the purpose of unjustly collecting a $500 million judgment.

Representing Thomas Girardi in those disciplinary proceedings before this Court were the law firm of Skadden Arps and ethics expert Diane Karpman. Ms. Karpman asked this Court to appoint a special prosecutor, and the Court appointed Hastings Law School professor Rory Little.

Oral arguments ensued, during which one of the judges on the panel stated that the “elephant” in the room is the manner in which the matter would be developed by the State Bar of California.

Subsequently, this Court found both Girardi and Lack culpable, and imposed monetary sanctions, reprimanded Girardi, and suspended Lack. This Court also ordered Girardi and Lack to report its findings to the State Bar of California.

Judge William Fletcher, a member of the Ninth Circuit panel that adjudicated the matter of In re Girardi, 08-80090, rejected the lenient recommendations of Rory Little. He stated: “with any competent lawyer if you’re omitting part of a document, that is not accidental. That is intentional.” The court adjudicated that the grave misconduct by Walter Lack and Thomas Girardi included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.

The day after this Court issued its ruling, respondents’ counsel moved to redact their names from the published decision, a motion this Court denied. (This issue will surface again, below.)

The State Bar of California assigned the matter to an outside special prosecutor (Jerome Falk of Howard Rice) since Howard Miller of Girardi & Keese served as President of the State Bar, and had hired the Chief Trial counsel of the State Bar at the time, Mr. James Towery.

After conducting an interview with Walter Lack, Jerome Falk chose to not file any charges against Lack or Girardi based on his position that any false statements submitted were not “intentional.” This determination was contrary to findings made by this Court.

Within days of the issuance of Mr. Falk’s decision, I advanced an ethics complaint against James Towery, Jerome Falk, Howard Miller, and Douglas Winthrop, contending that it had been improper for Mr. Towery to select Jerome Falk (of Howard Rice) to serve as special prosecutor because, among other reasons, Howard Miller (of Girardi & Keese) had appointed Howard Rice’s managing partner (Douglas Winthrop) as president of the California Bar Foundation, a foundation owned, controlled, and maintained by the State Bar of California.

(Incidentally, while examining materials in connection with California Bar Foundation board members, including Howard Miller of Girardi & Keese, Douglas Winthrop of Howard Rice, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown (cousin of governor Jerry Brown, I also unearthed disturbing events relating to a Section 501 entity known as CaliforniaALL involving many of the same individuals and related entities.)

The peculiar nature of the motion to redact the names of respondents’ counsel from the published decision of this Court prompted me to look into the matter further. I then discovered that, beginning in 2003, Girardi & Keese and Engstrom Lipscomb & Lack were prosecuting a class action case against Farmers Insurance Company, which was represented by Skadden Arps. This was a nationwide class action with estimated damages of close to $15 billion that had originally been filed by Texas Governor Rick Perry.

I thereafter informed the Los Angeles County Superior Court (Judge William Highberger) of this information, and filed a State Bar ethics complaint against attorneys Thomas Girardi of Girardi & Keese and Thomas Nolan and Raoul Kennedy of Skadden Arps because neither the class of plaintiffs (consisting of 14 million Americans), nor the courts (the Ninth Circuit in the matter of In Re Girardi and the Los Angeles County Superior Court in the matter of Fogel vs. Farmers) had been informed of the concurrent representation by which Skadden Arps represented Girardi & Keese (in the Ninth Circuit matter), while at the same time defending Farmers against Girardi and Keese’s clients (in the Fogel v. Farmers matter). (This background may help explain why Skadden Arps rushed to defend Thomas Girardi before the Ninth Circuit.)

Shortly after I filed this ethics complaint, Skadden Arps moved ex parte (which, not surprisingly, was unopposed) to amend the settlement agreement in the Fogel matter and the notice to the class of 14 million Americans throughout the country to include a proviso by which members of the class would be prohibited from suing anyone due to the concurrent representation described above. Nevertheless, the State Bar of California decided not to take any action on this ethics complaint.

In the meantime, I also discovered that during the period that Howard Miller, Douglas Winthrop, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown were serving as board members for the California Bar Foundation, a highly unusual financial transaction took place in which approximately $780,000 was quietly transferred, causing the California Bar Foundation to end the year in the red.

Upon further examination, I discovered that the money had been transferred to a newly-created Section 501(c)(3) non-profit entity (headed by a friend of Chief Justice Tani Cantil-Sakayue — Ruthe Catolico Ashley) known as CaliforniaALL. In turn, CaliforniaALL funneled a large portion of the money to the UCI Foundation, where State Bar of California Executive Director Joe Dunn served as trustee.

CaliforniaALL never acknowledged receipt of the $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, the California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.

Various factors and evidence caused me to suspect that a significant portion of the funds transferred from the California Bar Foundation ended up financing a newly-created online publication which Joe Dunn had launched with the help of Thomas Girardi and James Brosnahan of Morrison & Foerster; this online publication is known as “Voice of OC.”

Those factors include, but are not limited to, the fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – Morrison & Foerster’s Susan MacCormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation; and BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi also assisted Joe Dunn in establishing Voice of OC.

While James Brosnahan and Thomas Girardi served as members of the Voice of OC board of directors, for unknown reasons they subsequently chose to quit.

Based on my concerns, I requested that Voice of OC provide me with copies of its IRS 990 forms. Voice of OC did not comply with applicable IRS regulation in that it failed to reply to my request for copies of its 990 forms submitted to the IRS, whereupon I filed a complaint against Voice of OC and Joe Dunn with the IRS.

Also in connection with CaliforniaALL, I have advanced a judicial misconduct complaint against Judge Morrison England since State Bar of California Executive Director Judy Johnson, Judge England, his wife (Torie Flournoy-England), and State Bar of California employee Patricia Lee were all members of CaliforniaALL’s board of directors and/or advisory council. The basis for that complaint was these individuals’ failure to inform plaintiff Sara Granda — who had filed an action in federal court naming the State Bar of California as a sole defendant that was heard by Judge Morrison England — of these facts.

On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus.

Specifically, without informing plaintiff Granda of his relationship with Judy Johnson (the State Bar’s Executive Director) vis-a-vis CaliforniaALL and either obtaining a waiver from this plaintiff or independently recusing himself, Judge England summarily dismissed Ms. Granda’s complaint against the California State Bar. Fortunately for Ms. Granda, several days later then-Governor Arnold Schwarzenegger championed her cause and pressured the California Bar to accommodate her needs.

Unfortunately, the Clerk of the Ninth Circuit rejected my complaint against Judge England claiming, incorrectly, that I did not comply with a requirement to insert wording to the effect that I understand that irrespective of the complaint, the outcome of the underlying case will not be affected. At that point, I chose not to resubmit the complaint against Judge England.

My discovery concerning Jerome Falk (specifically, that Thomas Girardi and Walter Lack were clients of his firm) occurred only a few months ago, and my plan was to approach the Ninth Circuit to request either that the Court reopen the matter of In Re Girardi or that it appoint a special prosecutor to determine what, if any, ethical violations transpired.

However, in a shocking turn of events, I was recently served with a search warrant while at home. Six investigators from the Yolo County District Attorney’s office (some of them armed) arrived at my home on February 23, 2012, searched the premises, and confiscated two computers and documents relating to, among others, Joe Dunn, Thomas Girardi, Judy Johnson, Holly Fujie, Alec Chang of Skadden Arps, James Towery, and State Bar attorneys Mark Torres Gil, Lawrence Yee, and Rachel Grunberg, as well as material belonging to online publication The Leslie Brodie Report, and communications from the Internal Revenue Service relating to the complaint I had filed against Joe Dunn and Voice of OC.

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.

Incidentally, I was informed by friendly sources many months ago that if choose to expose corruption concerning Joe Dunn and Thomas Girardi via these complaints, they will try to frame me by various means similar to the ones used against Erin Baldwin. At that time, my reaction was complete skepticism of Erin Baldwin and her story because I could not imagine that such conduct could occur in our country. It appears that I may have been naive.

Consequently, please note the motion to re-open the In Re Girardi matter will be delayed.

Thank you for your time.

RE: NINTH CIRCUIT MATTER OF IN RE THOMAS GIRARDI ; U.S. DISTRICT COURT JUDGE MORRISON C. ENGLAND; EXECUTIVE DIRECTOR OF THE STATE BAR OF CALIFORNIA, JOE DUNN OF VOICE OF OC; JAMES BROSNAHAN OF MORRISON & FOERSTER; LAW OFFICES OF SKADDEN ARPS; HOLLY FUJIE

Dear Honorable Chief Judge Kozinski and Honorable Judges Berzon, Smith, Tashima, and Fletcher:

This is written to advise you of circumstances relating to the California State Bar’s handling of the matter of In re Girardi pursuant to an order issued by this Court.

By way of background, at the conclusion of the appeal in a civil case prosecuted by the firms of Girardi & Keese and Engstrom Lipscomb & Lack against Dole Food Company, Judge Kozinski issued an order to show cause why Thomas Girardi and Walter Lack should not be disbarred, suspended, or sanctioned for the attempt to defraud this Court for the purpose of unjustly collecting a $500 million judgment.

Representing Thomas Girardi in those disciplinary proceedings before this Court were the law firm of Skadden Arps and ethics expert Diane Karpman. Ms. Karpman asked this Court to appoint a special prosecutor, and the Court appointed Hastings Law School professor Rory Little.

Oral arguments ensued, during which one of the judges on the panel stated that the “elephant” in the room is the manner in which the matter would be developed by the State Bar of California.

Subsequently, this Court found both Girardi and Lack culpable, and imposed monetary sanctions, reprimanded Girardi, and suspended Lack. This Court also ordered Girardi and Lack to report its findings to the State Bar of California.

Judge William Fletcher, a member of the Ninth Circuit panel that adjudicated the matter of In re Girardi, 08-80090, rejected the lenient recommendations of Rory Little. He stated: “with any competent lawyer if you’re omitting part of a document, that is not accidental. That is intentional.” The court adjudicated that the grave misconduct by Walter Lack and Thomas Girardi included “the persistent use of known falsehoods,” and that the “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation.

The day after this Court issued its ruling, respondents’ counsel moved to redact their names from the published decision, a motion this Court denied. (This issue will surface again, below.)

The State Bar of California assigned the matter to an outside special prosecutor (Jerome Falk of Howard Rice) since Howard Miller of Girardi & Keese served as President of the State Bar, and had hired the Chief Trial counsel of the State Bar at the time, Mr. James Towery.

After conducting an interview with Walter Lack, Jerome Falk chose to not file any charges against Lack or Girardi based on his position that any false statements submitted were not “intentional.” This determination was contrary to findings made by this Court.

Within days of the issuance of Mr. Falk’s decision, I advanced an ethics complaint against James Towery, Jerome Falk, Howard Miller, and Douglas Winthrop, contending that it had been improper for Mr. Towery to select Jerome Falk (of Howard Rice) to serve as special prosecutor because, among other reasons, Howard Miller (of Girardi & Keese) had appointed Howard Rice’s managing partner (Douglas Winthrop) as president of the California Bar Foundation, a foundation owned, controlled, and maintained by the State Bar of California.

(Incidentally, while examining materials in connection with California Bar Foundation board members, including Howard Miller of Girardi & Keese, Douglas Winthrop of Howard Rice, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown (cousin of governor Jerry Brown, I also unearthed disturbing events relating to a Section 501 entity known as CaliforniaALL involving many of the same individuals and related entities.)

The peculiar nature of the motion to redact the names of respondents’ counsel from the published decision of this Court prompted me to look into the matter further. I then discovered that, beginning in 2003, Girardi & Keese and Engstrom Lipscomb & Lack were prosecuting a class action case against Farmers Insurance Company, which was represented by Skadden Arps. This was a nationwide class action with estimated damages of close to $15 billion that had originally been filed by Texas Governor Rick Perry.

I thereafter informed the Los Angeles County Superior Court (Judge William Highberger) of this information, and filed a State Bar ethics complaint against attorneys Thomas Girardi of Girardi & Keese and Thomas Nolan and Raoul Kennedy of Skadden Arps because neither the class of plaintiffs (consisting of 14 million Americans), nor the courts (the Ninth Circuit in the matter of In Re Girardi and the Los Angeles County Superior Court in the matter of Fogel vs. Farmers) had been informed of the concurrent representation by which Skadden Arps represented Girardi & Keese (in the Ninth Circuit matter), while at the same time defending Farmers against Girardi and Keese’s clients (in the Fogel v. Farmers matter). (This background may help explain why Skadden Arps rushed to defend Thomas Girardi before the Ninth Circuit.)

Shortly after I filed this ethics complaint, Skadden Arps moved ex parte (which, not surprisingly, was unopposed) to amend the settlement agreement in the Fogel matter and the notice to the class of 14 million Americans throughout the country to include a proviso by which members of the class would be prohibited from suing anyone due to the concurrent representation described above. Nevertheless, the State Bar of California decided not to take any action on this ethics complaint.

In the meantime, I also discovered that during the period that Howard Miller, Douglas Winthrop, Holly Fujie of Buchalter Nemer, Annette Carnegie of Morrison & Foerster, and ex-CPUC Commissioner Geoffrey Brown were serving as board members for the California Bar Foundation, a highly unusual financial transaction took place in which approximately $780,000 was quietly transferred, causing the California Bar Foundation to end the year in the red.

Upon further examination, I discovered that the money had been transferred to a newly-created Section 501(c)(3) non-profit entity (headed by a friend of Chief Justice Tani Cantil-Sakayue — Ruthe Catolico Ashley) known as CaliforniaALL. In turn, CaliforniaALL funneled a large portion of the money to the UCI Foundation, where State Bar of California Executive Director Joe Dunn served as trustee.

CaliforniaALL never acknowledged receipt of the $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. Likewise, the California Bar Foundation never acknowledged the largest grant it ever bestowed in its newsroom, the California Bar Journal, or similar publications; it did, however, recognize the transfer on its IRS returns, and in a 2 by 2 inch blurb in its annual report.

Various factors and evidence caused me to suspect that a significant portion of the funds transferred from the California Bar Foundation ended up financing a newly-created online publication which Joe Dunn had launched with the help of Thomas Girardi and James Brosnahan of Morrison & Foerster; this online publication is known as “Voice of OC.”

Those factors include, but are not limited to, the fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – Morrison & Foerster’s Susan MacCormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation; and BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi also assisted Joe Dunn in establishing Voice of OC.

While James Brosnahan and Thomas Girardi served as members of the Voice of OC board of directors, for unknown reasons they subsequently chose to quit.

Based on my concerns, I requested that Voice of OC provide me with copies of its IRS 990 forms. Voice of OC did not comply with applicable IRS regulation in that it failed to reply to my request for copies of its 990 forms submitted to the IRS, whereupon I filed a complaint against Voice of OC and Joe Dunn with the IRS.

Also in connection with CaliforniaALL, I have advanced a judicial misconduct complaint against Judge Morrison England since State Bar of California Executive Director Judy Johnson, Judge England, his wife (Torie Flournoy-England), and State Bar of California employee Patricia Lee were all members of CaliforniaALL’s board of directors and/or advisory council. The basis for that complaint was these individuals’ failure to inform plaintiff Sara Granda — who had filed an action in federal court naming the State Bar of California as a sole defendant that was heard by Judge Morrison England — of these facts.

On January 27, 2009 DLA Piper’s Gilles Attia and the Office of Assembly-member Mike Davis co-hosted a reception honoring California ALL at the Tsakopoulos Galleria in Sacramento. Bottom (left to right): Ruthe Ashley; Judge Morrison England and Mrs. Torie Flournoy-England; Ruthe Ashley, Gilles Attia, News 10 Presenter Sharon Ito, and Assembly-member Mike Davis. Top right is Karina Hamilton. Mike Davis, an ally of former assembly-member Gwen Moore and Karen Bass, is the vice-chair of the Legislative Black Caucus.

Specifically, without informing plaintiff Granda of his relationship with Judy Johnson (the State Bar’s Executive Director) vis-a-vis CaliforniaALL and either obtaining a waiver from this plaintiff or independently recusing himself, Judge England summarily dismissed Ms. Granda’s complaint against the California State Bar. Fortunately for Ms. Granda, several days later then-Governor Arnold Schwarzenegger championed her cause and pressured the California Bar to accommodate her needs.

Unfortunately, the Clerk of the Ninth Circuit rejected my complaint against Judge England claiming, incorrectly, that I did not comply with a requirement to insert wording to the effect that I understand that irrespective of the complaint, the outcome of the underlying case will not be affected. At that point, I chose not to resubmit the complaint against Judge England.

My discovery concerning Jerome Falk (specifically, that Thomas Girardi and Walter Lack were clients of his firm) occurred only a few months ago, and my plan was to approach the Ninth Circuit to request either that the Court reopen the matter of In Re Girardi or that it appoint a special prosecutor to determine what, if any, ethical violations transpired.

However, in a shocking turn of events, I was recently served with a search warrant while at home. Six investigators from the Yolo County District Attorney’s office (some of them armed) arrived at my home on February 23, 2012, searched the premises, and confiscated two computers and documents relating to, among others, Joe Dunn, Thomas Girardi, Judy Johnson, Holly Fujie, Alec Chang of Skadden Arps, James Towery, and State Bar attorneys Mark Torres Gil, Lawrence Yee, and Rachel Grunberg, as well as material belonging to online publication The Leslie Brodie Report, and communications from the Internal Revenue Service relating to the complaint I had filed against Joe Dunn and Voice of OC.

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.

Incidentally, I was informed by friendly sources many months ago that if choose to expose corruption concerning Joe Dunn and Thomas Girardi via these complaints, they will try to frame me by various means similar to the ones used against Erin Baldwin. At that time, my reaction was complete skepticism of Erin Baldwin and her story because I could not imagine that such conduct could occur in our country. It appears that I may have been naive.

Consequently, please note the motion to re-open the In Re Girardi matter will be delayed.

Thank you for your time.

Mānoa: UH Manoa law school brings national summit on education and leadership to Hawaii | University of Hawaii News University of Hawaii at Manoa

 For a copy of original ethics complaint complaint, as well as copy of search warrant executed by Yolo County District Attorney Jeff Reisig and Michael Cabral, please see @:

http://lesliebrodie.blog.co.uk/2012/02/27/revealed-copy-of-ethics-complaint-filed-against-lawrence-yee-rachel-grunberg-judy-johnson-mark-torres-gil-holly-fujie-which-yolo-county-district–12943318/

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Home > News > UH Manoa law school brings national summit on education and leadership to Hawaii

UH Manoa law school brings national summit on education and leadership to Hawaii

Summit will provide overview of Wingspread P20 Leadership Pipeline project that aims to increase interest in law profession amongst students of all ages

University of Hawaiʻi at Mānoa

Contact:

Cynthia Quinn, (808) 956-6545
Dale Lee, (808) 956-8636William S. Richardson School of Law

Posted: Jun. 22, 2007

HONOLULU — The William S. Richardson School of Law, in partnership with the University of the Pacific McGeorge School of Law, will hold a summit for educators, the bench and the bar for a project called “Wingspread” on June 25-26, 2007, at the UH Mānoa law school.

This two-day summit will bring together outreach programs and community educators across the curriculum to coordinate and enhance efforts in creating a pipeline of programs to equip Hawaiʻi’s students to seek higher education and professional careers in law and in the leadership of the nation.

The summit will include tours of several outreach sites and a visioning workshop day to map goals and articulate the steps to connecting to the pipeline.

Wingspread is a national consortium of law school-centered teams of educators, the bench and the bar, who are committed to working across the educational continuum to improve the participation, persistence, and success of diverse students in high school and college.

The goal is to enhance these students’ aspirations and capacity to move into positions in the legal profession and in the leadership of the nation. The Wingspread project envisions a pipeline of multilevel approaches to provide information and mentoring to students. As students flow through the pipeline of programs, they learn to think positively of themselves, build self-esteem, and are encouraged to seek higher education in law.

Several law professionals and experts from across the nation will serve as resources at the summit as the participants map out the strategy for Hawaiʻi. Amongst them are Louise Dempsey, assistant dean for external affairs at Cleveland-Marshall College of Law, Cleveland State University, and board member for the Cleveland Municipal School District; Brett Scharffs, professor of law at the Brigham Young University Law School; and members of the University of the Pacific McGeorge School of Law’s pipeline project, “Pacific Pathways,” including Judge Morrison England, U.S. District Court, Eastern District of California; Torie Flournoy, principal of Sacramento’s Hagginwood Elementary School; Sarah Redfield, professor of law at the Franklin Pierce Law Center in New Hampshire; and McGeorge School of Law Dean Elizabeth Parker.

For more information, contact Cynthia Quinn, director of communications and external relations at the UH Mānoa law school at 956-6545.

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Complaint by Plaintiff Sara Granda.pdf Download this file

Defendant’s Oppsition to Granda’s Motion.pdf Download this file

Reply to Opposition by Granda.pdf Download this file

Order by Judge Morrison England.pdf Download this file

WingspreadVI.pdf Download this file

California Bar Foundation tax return for 2008.pdf Download this file

CaliforniaALL December 12, 2008 Newsletter.pdf Download this file

Quarter1-2010Newsletter.pdf Download this file

Memo from Patricia Lee to BOG dated December 17, 2007.pdf Download this file

California Bar Foundation 2008 Annual Report.pdf Download this file

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