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DLA Piper

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DLA Piper’s Gilles Attia; Yocha Dehe-Cache Creek Casino’s Chairman Marshall McKay; Fulcrum Property’s Mark Friedman of 1600H / F65 (confederate of Howard Dickstein) — All of UC Davis Foundation In Addendum to UC Regent Richard Blum of CB Richard Ellis

calall

Mark Robinson of Robinson Calcagnie Robinson
UNIVERSITY OF CALIFORNIA IRVINE FOUNDATION
: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein, Joseph Dunn, Erwin Chemerinsky, Mark Robinson

Richard Blum
VOICE OF OC: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein, Kinde Durkee, Joseph Dunn, Erwin Chemerinsky, Thomas Giradi, James Brosnahan. See relevant stories HERE and HERE


J STREET PAC: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein; Controversial Indian gambling attorney RICO defendant Howard Dickstein — member of both Anti-Israel’s J Street PAC and J Street Gang of Greed, alongside Jerry Brown ; Dickstein’s wife, State Bar of California Board of Governors Public Member RICO defendant Jeannine English – Dickstein of AARP.


STATION CASINOS: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein; Controversial Indian gambling attorney RICO defendant Howard Dickstein — member of both anti-Israel J Street PAC and J Street Gang of Greed, alongside Jerry Brown ; Dickstein’s wife, State Bar of California Board of Governors Public Member RICO Defendant Jeannine English – Dickstein of AARP.

Richard Blum
UNIVERSITY OF CALIFORNIA’s SCRIPPS INSTITUTION OF OCEANOGRAPHY:
Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein, operative Donna Lucas, Marty Africa (alleged paramour of James Brosnahan – self proclaimed “mastermind behind the Democratic Party” / mastermind-legal counsel to CaliforniaALL / Voice of OC Director ) and University of California Scripps Institution of Oceanography’s deposed marine researcher turned financier — Tony Haymet of CleanTECH / Pegasus Capital / Phillips & Associates

Richard Blum
UNIVERSITY OF PHOENIX: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein and California Democratic Party Chairman, Former Cocaine Addict, “Sordid Sexual-Harasser” — John Burton

Richard Blum
UC BERKELEY FOUNDATION/CaliforniaALL: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein, Freada Klein Kapor of OBAMA FOR AMERICA/THE KAPOR CENTER, and Gibor Basri (both Kapor and Basri directors of CaliforniaALL — Basri,surreptitiously so)

Richard Blum
The Mary Robinson Foundation: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein and husband of Freada Klein Kapor — OBAMA FOR AMERICA’s tech-guru Mitch Kapor


UC / HAAS/ GOLDMAN / ZELLERBACH CONNECTION : Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein and CaliforniaALL Director Carry Zellerbach


CityView / CB Richard Ellis:
Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein; CityView‘s Victor Miramontes, Chairman of CaliforniaALL; CityView’s Henry Cisneros

Ruthe Ashley aka Ruthe Catolico Ashley
CalPERS & CalSTRS
Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein; CaliforniaALL’s Ruthe Catolico Ashley of CalPERS & CalSTRS


University of California, San Francisco (UCSF) / Zen Hospice Project :Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein; MapLight’s Andrew Page of Zen Hospice Project — a partner of UCSF

Robert Hamilton of Allen MatkinsKarina Hamilton
CB Richard Ellis / Allen Matkins / UC Irvine:
Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein; Allen Matkins‘s Robert Hamilton and Spouse — Karina Hamilton of UC Irvine / Saturday Law Academy. EXIF Data obtained from Allen Matkins’ photo is a source of grave concern.


UNIVERSITY OF CALIFORNIA DAVIS FOUNDATION
: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein, Yocha Dehe / Cache Creek Casino’s Chairman Marshall McKay, DLA Piper’s Gilles Attia, Fulcrum Property’s Mark Friedman — confederate of Howard Dickstein

Related stories, please see HERE and HERE and HERE

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List of UC Davis Foundation Board of Trustees (TLR Note: Notice names of Mr. Gilles Attia of DLA Piper, Chairman McKay of Yocha Dehe/ Cache Creek Casino, Ms. Peoples of Boyd Family Foundation ; Girardi’s Boyd Gaming?)

Executive Committee

  • Chair: Bruce C. Edwards ’60
  • Vice Chair: Michael Child ’76
  • Immediate Past Chair: Kevin M. Bacon ’72
  • Audit Committee Chair: Anne P. Gray
  • Development Committee Chair: Paul A. Sallaberry ’79
  • Finance and Investment Committee Chair: Eamonn F. Dolan ’83
  • Nominating Committee Chair: Bruce W. Bell ’85
  • At Large Members: Diane Fiddyment and Douglas “Doug” Muhleman ’77, M.S. ’79

Board members

  • Reza Abbaszadeh, D.D.S.
    President and CEO
    Premier Access Insurance Company
  • Gilles Attia
    Managing Partner
    DLA Piper
  • Kevin M. Bacon ’72
    Former Vice President/Partner
    IBM Business Consulting Services
    Visiting Professor, LBJ School of Public Affairs, University of Texas At Austin
  • Bruce W. Bell ’85
    Principal
    B&Z Properties
  • Guy Benstead ’81
    Partner, Managing Member and Chief Compliance Officer
    Cedar Ridge Partners, LLC
  • Stephen F. Boutin, J.D. ’72
    Co-Founder and Principal
    Boutin Jones Inc.
  • Timothy Bucher ’86
    CEO and Founder
    Tastingroom.com
  • Davis W. Campbell, M.A.’68
    Former Executive Director
    California Institute for School Improvement
  • Michael W. Chapman, ’58 M.D.
    Professor Emeritus/ Chairman Emeritus
    Department of Orthopaedic Surgery
    UC Davis Medical Center
  • Jeffrey Child ’82
    Financial Advisor
    Oshman Family Office
  • Michael Child
    Senior Advisor
    TA Associates
  • John Chuck, M.D.
    Family Physician
    Permanente Medical Group
  • Frederick P. Corson, ’64 Ph.D. ’67
    Former Vice President, Research and Development
    The Dow Chemical Company
  • Lois Crowe, Ph.D. ’75
    Former Research Biophysicist
    University of California, Davis
  • Reno Cruz, Jr. ’74
    Former Chief Operating Officer
    Kloeckner-KHS AG
  • Diana Cusumano ’67
    President and Owner
    Interior Dimensions Inc.
  • James C. Davis
    President
    Chevron Energy Solutions
  • Eamonn Dolan ’83
    Former Chief Investment Officer
    C.M. Capital (CMC)
  • Richard C. Dorf, Ph.D.
    Professor Emeritus
    Electrical and Computer Engineering
    Graduate School of Management
    UC Davis
  • Sundeep Dugar, Ph.D. ’84
    President/CEO/Founder
    Sphaera Pharma Pte.Ltd.
  • Bruce Edwards ’60
    Private Investor
  • Christian P. Erdman ’88
    Private Investor
    Director/Trustee
    Frank H. Eva B. Buck Foundation
    Carol Franc Buck Foundation
  • Victor “Vic” Fazio
    Senior Advisor
    Akin Gump Strauss Hauer & Feld LLP
  • Diane Fiddyment
    President Emeritus
    Big Brothers Big Sisters of North Bay
  • Anne Gray
    Former Director of Program and Budget Planning
    UC Davis Planning and Budget Office
  • David Hardie
    Chairperson and Chief Executive Officer
    Hallador Investment Advisors Inc.
  • Kent A. Humber,’74 D.V.M. ’82
    Veterinarian
  • Mohini Jain
    President and Founder
    Mohini Jain Family Foundation
    Former High School Teacher
  • Joseph “Joe” W. Lin, Ph.D. ’75
    Former professor
    Viticulture and Enology, and Pomology
    UC Davis
  • Robert L. Lorber, Ph.D. ’69, M.A. ’71
    President
    The Lorber Kamai Consulting Group
  • Marshall McKay
    Tribal Chairman
    Yocha Dehe Wintun Nation
  • Douglas “Doug” J. Muhleman, ’77, M.S. ’79
    Former Group Vice President of Brewing, Operations and Technology Anheuser-Busch Inc.
    Chairman and CEO Busch Agricultural Resources, LLC
  • Carol E. Parker
    Community Volunteer
    Board Member, San Jose Museum of Art & American Cancer Society
  • Mary Ann Peoples
    President and Trustee
    Boyd Family Foundation
  • Ann E. Pitzer ’58
    Trustee
    Pitzer Family Foundation
  • Paul Sallaberry ’79
    Former Executive Vice President, Worldwide Operations
    Veritas Software Corps.
  • Roy Shlemon
    Consulting Geologist
    Roy J. Shlemon & Associates
  • Jeff Traum ’85
    Executive Director, Wealth Management Portfolio Management Director
    Morgan Stanley Smith Barney
  • Elena “Lin” Weaver
    Software Developer and Radio Producer
  • Henry Wirz ’73
    President and Chief Executive Officer
    SAFE Credit Union

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Volunteer Advisors

  • J. Terry Eager
    Partner (retired)
    PriceWaterhouseCoopers
  • Bert Feuss ’84
    Vice President, Investments
    Silicon Valley Community Foundation
  • Greg Houck ’83
    Managing Director & Limited Partner
    Brandes Investment Partners
  • Joncarlo Mark ’92, M.B.A. ’00
    Founder
    Upwelling Capital Group LLC
  • Skip Wise ’85, M.A.D. ’89
    Principal and Co-Founder
    Galileo Planning Group

Ex-officio Trustees

  • Linda P.B. Katehi
    Chancellor
  • Shaun Keister
    Vice Chancellor, Development and Alumni Relations
    President, UC Davis Foundation
  • Paul Prokop
    Interim Associate Vice Chancellor, Development
    Interim Secretary, UC Davis Foundation
  • Isabella M. Corbin
    Executive Director, Administrative Services
    Treasurer, UC Davis Foundation
  • Betty C. Chapman
    Chair, Health System Leadership Council
  • Chuck Nichols ‘83
    President, CAAA
  • Ramak Siadatan ‘99, M.B.A. ‘03
    Vice President, CAAA
  • Robert Murphy ‘63
    Chair, Davis Chancellor’s Club
  • Bruno L. Nachtergaele
    Chair, Academic Senate
  • Larry N. Vanderhoef
    Chancellor Emeritus

Source @:

http://giving.ucdavis.edu/ways-to-give/uc-davis-foundation/trustees.html

SPECIAL REPORT: MORE FRAUD UNEARTH IN RE CaliforniaALL’s MARRY ELLEN ZELLERBACH – AKA CARY MARTIN ZELLERBACH- AKA CARY MARTIN “ZELLERBACK”

9) CaliforniaALL Newsletter announcing change of address and DLA Piper Pro Bono

 

The Leslie Brodie Report (TLR) is carefully following a developing story out of California relating to sham non-profit CaliforniaALL director Cary Martin Zellerbach AKA Marry Ellen Zelerrbach, and as we learn through the latest development, Cary Martin “Zellerback.” (See above).

A source seeking annonimtynow maintain an examination has been lauched to determine whether the name “ZELLERBACK” was used as part of a scheme to mislead the public.  Or, whether the name was misspelled as a result of an innocent error.

Cary Martin Zellerbach is the Managing Director of Martin Investment Management. Among her previous affiliations, she was a founding Principal and Executive Vice President of Mellon Capital Management Corporation and is a former Director of Client Services at Tukman Capital Management. As a 1973 graduate in economics of Wellesley College, Cary is a Charter Board Member of the Wellesley Business Leadership Council.

 

Cary Martin Zellerbach

CaliforniaALL’s Cary Martin Zellerbach of Martin Investment Management, LLC. (image:courtesy)

She received an MBA from Stanford University in 1976 where she has served as a Trustee of the Stanford Business School Trust. In addition to her service as a member of the National Advisory Panel for the Institute for Research on Women and Gender, Cary volunteers on behalf of the Graduate School of Business and is Vice President of the Stanford Women’s Club of San Francisco. Outside Stanford, she is the co-author of Having It All/Having Enough: How to Create a Career/Family Balance That Works for You and is a Trustee of St. Norbert College in Wisconsin and Sacred Heart/St. Dominic Elementary School in San Francisco. Cary also serves on the Board of Overseers of the University of California’s School of Nursing.

Source credit:

www.daughtersandsonstowork.org

 

Richard Blum
UC BERKELEY FOUNDATION/CaliforniaALL: Richard Blum — Regent of the University of California and husband of United States Senator from California Dianne Feinstein, Freada Klein Kapor of OBAMA FOR AMERICA/THE KAPOR CENTER, and Gibor Basri (both Kapor and Basri served as directors of CaliforniaALL — Basri, surreptitiously so — see above)

According to Martin Investment Management, LLC, it is an independent, majority female, employee-owned firm. They are an experienced, consistent, focused, dedicated, pragmatic and approachable management team. Their clients will always have access to them. The firm is GIPS compliant, and the firm has been verified by an independent verifier on an annual basis from 1990 to 2008. The firm is a member of the Investment Adviser Association (IAA).

Source:

http://www.martin-investments.com/index.php?id=whoweare

 

IRS’s Exempt Organization Disclosure Requirements (TLR Note: Voice of OC / SCE- subject of complaints upon refusal; VOC, via Jayne Kim, hinted, incorrectly, YR needs to travel to OC to inspect; To date, IRS took no action -Tony West? Feinstein?)

Source: http://www.irs.gov/Charities-&-Non-Profits/Public-Disclosure-and-Availability-of-Exempt-Organizations-Returns-and-Applications:-Documents-Subject-to-Public-Disclosure

How can I obtain a copy of an organization’s annual return or exemption application?

You have the right to inspect and obtain a copy of a tax-exempt organization’s:

    Annual information returns (e.g., Form 990);
    Exempt status application materials; and
    Notice of status under Internal Revenue Code section 527(i),

in person at the organization’s principal office, or its regional or district offices, during regular business hours. Unrelated business income tax returns filed by organizations exempt under Code section 501(c)(3) are also available. You may also request copies of such materials in writing. The organization may charge a reasonable fee to cover copying and mailing costs. Note: An organization that filed its application before July 15, 1987, must make the application available only if it had a copy of the application on July 15, 1987. See Notice 88-120 for details.

You are entitled to inspect or receive a copy of any annual return for three years from the date the return was required to be filed (or, for an amended return, from the date it was filed). For more information, see our frequently asked questions on public disclosure, the final regulations, or Disclosure Requirements.

For exemption application materials, you are entitled to inspect or receive a copy of the organization’s exemption application (Form 1023, 1024, or other document required to be filed), any papers filed in support of the application and any determination letter issued by the IRS with respect to the application.

What tax documents must an exempt organization make available for public inspection and copying?

An exempt organization must make available for public inspection its exemption application. An exemption application includes the Form 1023 (for organizations recognized as exempt under Internal Revenue Code section 501(c)(3)), Form 1024 (for organizations recognized as exempt under most other paragraphs of section 501(c)), or the letter submitted under the paragraphs for which no form is prescribed, together with supporting documents and any letter or document issued by the IRS concerning the application. A political organization exempt from taxation under section 527(a) must make available for public inspection and copying its notice of status, Form 8871.

In addition, an exempt organization must make available for public inspection and copying its annual return. Such returns include Form 990 , Return of Organization Exempt From Income Tax, Form 990-EZ , Short Form Return of Organization Exempt From Income Tax, Form 990-PF, Return of Private Foundation, Form 990-BL , Information and Initial Excise Tax Return for Black Lung Benefit Trusts and Certain Related Persons, and the Form 1065 , U.S. Partnership Return of Income. 

A section 501(c)(3) organization must make available for public inspection and copying any Form 990-T, Exempt Organization Business Income Tax Return, filed after August 17, 2006. Returns must be available for a three-year period beginning with the due date of the return (including any extension of time for filing). For this purpose, the return includes any schedules, attachments, or supporting documents that relate to the imposition of tax on the unrelated business income of the charity. See Public Inspection and Disclosure of Form 990-T for more information.

An exempt organization is not required to disclose Schedule K-1 of Form 1065 or Schedule A of Form 990-BL. With the exception of private foundations, an exempt organization is not required to disclose the name and address of any contributor to the organization.

A political organization exempt from taxation under section 527(a) must make available for inspection and copying its report of contributions and expenditures on Form 8872, Political Organization Report of Contributions and Expenditures. However, such organization is not required to make available its return on Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations.

 

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Related stories:

Complaint against Voice of OC, please see @

http://lesliebrodie.blog.co.uk/2011/11/23/voice-of-oc-orange-county-s-nonprof…

 

Complaint against Southern California Edison (“SCE”), client of Munger Tolles & Olson, rebublished below:

 

As public service to the community, staff members of The Leslie Report shall publish a copy of a complaint YR submitted to the IRS, below:

August 31, 2012

Internal Revenue Service
Exempt Organizations Unit
1100 Commerce St.
Dallas, TX 75242-1198

Re:  A referral for noncompliance with tax laws against exempt organizations Edison International Foundation EIN:95-4383002; Southern California Edison Co Veba Represented Trust Ein: 95-4372790; Southern California Edison Co Veba Non Represented Trust EIN: 95-4372792

PRELIMINARY STATEMENT:

In lieu of using IRS Form 13909 (Tax-Exempt Organization Referral Form), please consider this communication a formal complaint (referral) against Rosemead, California-based Edison International , Southern California Edison; Edison International Foundation EIN:95-4383002; Southern California Edison Co Veba Represented Trust Ein: 95-4372790; Southern California Edison Co Veba Non Represented Trust EIN: 95-4372792.

On August 22, 2012  Edison International (“EIX”) and  Southern California Edison (“SCE” — collectively, “Edison”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023.  (See Exhibit 1.)

Specifically, the request stated in part: “Please consider this communication a formal request to SCE and EIX (including, but not limited to, all subsidiaries and foundations owned and maintained by SCE/EIX)  to produce their IRS Form 990, Form 990 Schedule A, as well  Form 1023. ”

In a letter dated August 30, 2012 (see attachment), Edison (through their senior attorney Allan D. Johnson) informed me that they will not comply with the request.  Edison wrote:  “EIX and SCE are unaware of any authority that would obligate them to produce these documents to you.”  Furthermore, Edison also wrote: “Neither EIX nor SCE plan to take any  further action in response to your request.”

In view of Edison’s anticipatory failure to comply, the undersigned reluctantly makes this referral. 

INTRODUCTION:

Close to one year ago, I fortuitously stumbled upon unusually large and highly peculiar financial transactions in conjunction with what appeared to me to be clear attempts to conceal and mislead involving the California Bar Foundation, CaliforniaALL, as well as utility companies Southern California Edison, PG&E, AT&T, Sempra, and Verizon.

In my opinion, and based on the information I’ve discovered, it appears that funds were misappropriated and/or laundered through the misuse of non-profit entities  California Bar Foundation and CaliforniaALL.   Although other potential explanations certainly exist, based on these individuals’ involvement in the “OBAMA FOR AMERICA” 2008 presidential campaign, one likely possibility is that funds originating from utility companies were unlawfully misdirected to that campaign by representatives of those utility companies (i.e.  Edison International, Southern California Edison) who supported then Senator Barack Obama in hope he would expand the Smart-Grid and clean energy initiatives.

INTRODUCTION OF ACTORS:

1. AMBASSADOR JEFFREY BLEICH — Mr. Bleich served as a director with the Foundation in approximately 2007-2008, as well as president of the State Bar of California.

In 2007, Mr. Bleich established “OBAMA FOR AMERICA” National Finance Committee and served as its Chair.

He is a personal friend of President Obama, who served as President Obama’s personal attorney and subsequently was appointed as the U.S. Ambassador to Australia. Prior to joining the Obama administration, Mr. Bleich was a partner with the San Francisco office of Munger Tolles & Olson, which represents clients Edison International, Southern California Edison, and Verizon Wireless.

Out of close to 230,000 lawyers in California, also serving as a director with the California Bar Foundation in approximately 2007-2008 was another attorney from Munger Tulles Olsen, Mr. Bradley Phillips. Presently, Ms. Mary Ann Todd (also of Munger Tolles & Olson) and Richard Tom of Southern California Edison are directors with the California Bar Foundation.

2. DEREK ANTHONY WEST OF THE UNITED STATES DEPARTMENT OF JUSTICE — Mr. West, who goes by the name “Tony West,” presently serves as third in command within the Department of Justice below Eric Holder and Lanny Breuer.

Around 2007-2008, Mr. Tony West also served as Chair of the “California Finance Committee” of “OBAMA FOR AMERICA.”

Prior to joining the DOJ, Mr. West was a partner at the San Francisco office of Morrison & Foerster, the law firm which assisted with the legal aspects of creating CaliforniaALL.

Along with attorneys Raj Chaterjee and Susan Mac Cormac, Mr. West was part of senior partner James Brosnahan’s clique. For example, it was Brosnahan, West, and Chaterjee who defended John Walker Lindh, who is more widely known as the “American Taliban.” (It should be noted that it was actually Mr. Brosnahan who initially agreed to the representation since he knows Lindh’s father — Frank Lindh — who served as in-house Chief Legal Counsel at PG&E; Mr. Lindh is presently the Chief Legal Counsel of the CPUC.)

Mr. West is married to Maya Harris, sister of Kamala Harris, who was part of CaliforniaALL.

3. STEVEN CHURCHWELL OF DLA PIPER — Mr. Churchwell is a partner at the Sacramento office of DLA Piper, where non-profit CaliforniaALL was housed free of charge.  Churchwell served as Treasurer, draft committee of “OBAMA FOR AMERICA” — also housed at the Sacramento offices of DLA Piper, adjacent to its roommate — CaliforniaALL.

DLA Piper represents client Sempra Energy which owns San Diego Gas & Electric (SDG&E).

4. RON OLSON OF MUNGER TOLLES & OLSON — Mr. Olson is a partner with the Los Angeles office of Munger Tolles & Olson, which represents clients Edison International, Southern California Edison, and Verizon Wireless.   In addition to representing Edison, Olson  is also a board member of Edison International and Southern California Edison, as well as the board of Berkshire Hathaway, City National Corporation, The Washington Post Company, Western Asset Trusts, RAND Corporation, the Mayo Clinic, and the Council of Foreign Relations.

As of 2008, in-house general counsel for Edison International and Southern California Edison is Mr. Robert Adler — former managing partner of Munger Tolles & Olson.

Around 2007-2008, Ron Olson was also part of “OBAMA FOR AMERICA.” 

5. JAMES J. BROSNAHAN OF MORRISON & FOERSTER – Mr. Brosnahan is presently a senior partner at the San Francisco office of Morrison & Foerster.

He considers himself to be the “mastermind behind the Democratic Party.” CaliforniaALL was created by Morrison & Foerster, under the supervision of Mr. Brosnahan (known as the prosecutor of Caspar Weinberger). Specifically Susan Mac Cormac and Eric Tate assisted with the legal aspects of creating the entity. Mr. Brosnahan represented utility companies during California’s energy crisis (which Joe Dunn, Martha Escutia, and Geoffrey Brown were investigating) opposite Thomas Girardi.

Later, Dunn, Escutia, Brosnahan, and Girardi launched the online publication known as Voice of OC.

6. CHRISTOPHER JACOB YOUNG OF KEKER & VAN NEST — Mr. Young, commonly known as “Chris Young,” is currently listed on the State Bar of California’s database as an associate with Keker & Van Nest. Around 2007-2008, Mr. Young was an associate at Morrison & Foerster.

Around 2007-2008, Mr. Young served as “Northern California Deputy Finance Director” for “OBAMA FOR AMERICA.”

As noted above, State Bar of California records still show that Chris Young is an employee of Keker & Van Nest. However, very recently, Keker & Van Nest ( at the direction of partners John Keker and Jon Streeter, who also worked on the 2008 campaign as a “bundler” and is presently a director with the Foundation) abruptly removed Chris Young’s name from its web-site.

7. ANNETTE CARNEGIE — Ms. Carnegie is presently employed at the Kaiser Foundation. Around 2007-2008, she was a partner at Morrison & Foerster and served as a director of the California Bar Foundation. In 2008, the Foundation poured into CaliforniaALL the large sum of $774,247; by comparison, most other donations were around $10,000 to $20,000. As shown below, the transfer of said money appears to be imbued with fraud and secrecy, especially in connection with four utility companies (Verizon, PG&E, Edison, and AT&T).

8. KAMALA HARRIS — In around 2007-2008, Ms. Harris served as the District Attorney in San Francisco while at the same time she was also Co-Chair of “OBAMA FOR AMERICA.” Ms. Harris was part of CaliforniaALL’s “Advisory Council.” She is the sister of Maya Harris, who is married to Tony West. Media reports provide that parliamentarian Willie Brown served as mentor to both Tony West and Kamala Harris, and was Ms. Harris’s paramour. John Keker of Keker & Van Nest (known as the prosecutor of Oliver North) is also considered to be a “mentor” of Kamala Harris. (Incidentally, State Bar of California Board of Governor member Gwen Moore — also a “mentee” of Willie Brown — was honored by CaliforniaALL at a lavish dinner in a Sacramento hotel. Parliamentarian Moore is no stranger to your agency, having been the target of a sting operation known as Shrimpscam.)

9. OPHELIA BASGAL OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (“HUD”) — In around 2007-2008 , Ms. Basgal was Vice President of Civic Partnership and Community Initiatives at PG&E, where she managed the company’s $18 million charitable contributions program, and oversaw its community engagement programs and partnerships with community-based organizations. Separately, around that time she surprisingly served as “Treasurer” with the “California Supreme Court Historical Society.” In that role, she presumably had contact with many judges, including those who were handling matters dealing with PG&E, such as Justice (Ret.) Joseph Grodin who acted as the mediator in a case Attorney General Bill Lockyer advanced against PG&E, which Jerry Brown (cousin of Geoffrey Brown) later dismissed in his capacity as the new Attorney General for California.

Ms. Basgal served as a director of CaliforniaALL.

10. VICTOR MIRMAONTES — Mr. Victor Miramontes, a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros in an entity known as CityView, was the chairman of CaliforniaALL.

Mr. Miramontes has various connections to Orange County, and is otherwise familiar with its various legal circles.

11. SARAH E. REDFIELD — Ms. Redfield is presently a professor at the University of New Hampshire School of Law, and served as the interim director of CaliforniaALL. Events surrounding Redfield, as shown below, also appear to be imbued with fraud and deceit, and it appears her role was to create a subterfuge to justify the existence of CaliforniaALL. Since CaliforniaALL’s main achievement was the purported creation of a “Saturday Academy of Law” at UC Irvine (“SALUCI”), Ms. Redfield pretended to have engaged in Requests for Proposals (“RFP”), as well as falsely claiming that she “launched” SALUCI. For her services as interim executive director and an alleged consultant of CaliforniaALL, Professor Redfield was paid approximately $160,000 as an “independent contractor.” She gave very little, if anything, in return for the $160,000 she was paid. In fact, she took credit for the extremely hard work of others, especially that of Rob Vacario of Santa Ana who co-founded SALUCI several years earlier.

12. JUDY JOHNSON – Ms. Johnson is the former Executive Director of the State Bar of California. Ms. Johnson (along with Robert Hawley and Starr Babcock) is no stranger to financial schemes. For the past 8 years, she has been quietly serving as the president of an entity with a misleading name (California Consumer Protection Foundation AKA “CCPF”). This entity absorbed close to $30 million in class action cy pres awards, as well as fines and settlements imposed by the CPUC on utility companies. CCPF forwarded those funds to mostly questionable ACORN-like entities in South Los Angeles or to an entity headed by Michael Shames known as UCAN — presently under federal grand jury investigation in San Diego. It appears that Ms. Johnson used her position as executive director of the State Bar of California (which is supposed to supervise and discipline lawyers) as “clout” to obtain cy pres awards from the settlement of class actions prosecuted and defended by various law firms in courts and before the CPUC. In addition, while never prosecuted for the scheme, some have speculated that Johnson and cohorts Hawley (whom Johnson labeled the “Wizard of OZ”) and Babcock were “in” on a financial scheme perpetrated by former State Bar employee Sharon Pearl, who was lightly prosecuted by then-attorney general Jerry Brown, cousin of Geoffrey Brown.

Ms. Johnson was part of CaliforniaALL’s Advisory Council and was responsible for maintaining secrecy over the project by misleading the public, including a quadriplegic law-student, litigant Sara Granda.

13. RUTHE CATOLICO ASHLEY — Ms. Ashley is a former employee of McGeorge School of Law who later served as a “Diversity Officer” at Cal PERS. Ms. Ashley also served as member of the State Bar of California Board of Governors alongside Mr. Bleich, and came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, Jr. (the assistant to CPUC President Michael Peevey). After CaliforniaALL came into existence, Ms. Ashley, after a simulated search, was selected to serve as CaliforniaALL’s executive director.

14. SONIA GONZALES — Ms. Gonzales presently serves as the Foundation’s executive director as of earlier this year, after the former executive director (Ms. Leslie Hatamyia) suddenly quit. Ms. Gonzales is a close friend and confidante of Ms. Maya Harris, the wife of Mr. Tony West.

She presently serves the same function as current Foundation directors Mary Ann Todd of Munger Tolles & Olson, Jon Streeter of Keker & Van Nest, Douglas Winthrop of Howard Rice, Richard Tom of Southern California Edison, and Raj Chatterjee of Morrison & Foerster.

 15.  JOE DUNN — Mr. Dunn is  the creator of online publication “Voice of OC” – Orange County’s Nonprofit Investigative News Agency. He is also a  Trustee of the UCI Foundation (an entity which obtained funds from a separate charitable entity known as  CaliforniaALL  (FEIN Number 51-0656213). Presently, Dunn serves as Executive Director of the State Bar of California – an entity which also controls and maintains a foundation known as the California Bar Foundation.   The California Bar Foundation very quietly transferred close to $780,000 to CaliforniaALL. Previously, In his role as a politician and business partner of Martha Escutia, Dunn was involved in matters relating to utility companies operating in California.

16 . GEOFFREY BROWN – a former commissioner with the CPUC and former board member of the California Bar Foundation.  While at the CPUC, Brown was the assigned commissioner in the application Edison International/ Southern California Edison — owners of  San Onofre Nuclear Generating Station (SONGS) –  submitted to the CPUC for authorization: (1) to replace SONGS 2 & 3 steam generators; (2) establish ratemaking for cost recovery; and (3) address other related steam generator replacement issues.

Messrs. Geoffrey Brown, Michael Peevey, and Peter Arth were also involved in countless proceedings involving California energy crisis.  Those proceedings were mainly litigated by the law offices of Munger Tolles & Olson (representing Southern California Edison), Morrison & Foerster, Keker & Van Nest (representing PG&E), DLA Piper (representing Sempra Energy — owner of San Diego Gas & Electric). At times, said proceedings concluded in settlements worth billions of dollars.

Previously,  I asked the State Bar of California to investigate this matter. Within a few hours of sending the request, Geoffrey Brown sent me a demand to cease and desist from insisting that he had done anything wrong under threat of litigation. In essence, Brown wanted me to ignore the circumstances dealing with the fact that he was both a CPUC Commissioner and a Director with the Foundation when it quietly made the largest grant in its history to an entity that was conceived by CPUC’s Peter Arth to absorb hundreds of thousands of dollars from utility companies.

FACTUAL BACKGROUND:

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 Cal PERS as a “Diversity Officer.” Prior to her employment with Cal PERS, Ms. Ashley was employed as a career counsel at McGeorge School of Law in Sacramento. While at McGeorge, Ms. Ashley met diversity expert Sarah Redfield. At that time, Jeffrey Bleich of Munger Tolles & Olson was serving as President of the State Bar. Both Bleich and Ashley are politically active, and were supporting the 2008 campaign of Barack Obama for President. Ruthe Ashley was involved in the Asian-Americans for Obama branch in Sacramento.

In April 2007, Ashley and Sarah Redfield were urged to meet Peter Arth, Jr. of the California Public Utilities Commission at a restaurant in San Francisco. During that meeting, the idea to create CaliforniaALL (initially named CaAAL or CaALL) was conceived. Eventually, Cal PERS, the 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.

At that time, both Ashley and Redfield were also part of the State Bar of California’s Council on Fairness and Access, as well as a separate project by the State Bar of California known as The Diversity Pipeline Task Force, through which both presumably amassed vast amounts of data and information on the topic of diversity pipeline projects.

Subsequent to the meeting with Peter Arth, on June 26, 2007 State Bar BOG member Ruthe Catolico Ashley and Patricia Lee presented to the entire BOG a proposal (see http://www.scribd.com/doc/48713393/1-In-June-26-2007-Member-of-State-Bar-Boar… ) urging the BOG to support the creation of California Aspire Achieve Lead Pipeline Project (CaAAL), later named CaliforniaALL.

For reasons that are not clear to me, Jeffrey Bleich saw fit to call an urgent, emergency-like meeting of the State Bar of California Board of Governors, Committee on Operations in order to appoint Peter Arth of the CPUC as member of the State Bar of California’s Council on Fairness and Access.  See:   http://www.scribd.com/doc/103136304/2nd-Upload-of-Document-Peter-Arth-Assista…

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. Serving as CaliforniaALL’s legal counsel were Susan Mac Cormac and Eric Tate of Morrison & Foerster.

Despite the fact that she served as interim executive director, and despite the fact that it was a given that Ruthe Catolico Ashley would be hired as the permanent CEO, Sarah Redfield nevertheless apparently engaged in an RFP (request for proposal) which was closed just as quickly as it started even before Ms. Ashley was hired as the permanent CEO.

CaliforniaALL’s web site (www.calall.org) stated:

“Saturday Law Academy RFP

PLEASE NOTE:

The application process for this RFP is closed. Please contact Sarah Redfield at sarah.redfield@gmail.com or (207) 752-1721.

RFP PROPOSAL INFORMATION

California ALL seeks proposals to implement its law career pathway starting with the 2008-09 academic year (AY).

The following and attached document describes a program area in which California ALL has particular interest based on its initial research. An additional RFP will follow for college level prelaw work. Self generated proposal for other parts of the pipeline will also be considered, and another round of RFPs is possible. California ALL has not attached a specific dollar amount to the RFP, though cost effectiveness and the presence of a competitive match will be part of its consideration. California ALL has some funding in hand from a generous grant from Verizon for the Saturday Academy and intends to seek additional funding as needed to support programs selected. It is anticipated that funding will be provided for year one of the (3 year) proposal, with following years contingent on successful completion of the prior year(s). ”

**

The California Attorney General RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008 (FEIN Number 510656213). The address for CaliforniaALL is listed as 400 Capitol Mall, Suite 2400, Sacramento, California. This is actually the address of the law firm of DLA Piper, where CaliforniaALL resided free of charge courtesy of partner Steven Churchwell – an attorney specialized in the representation of political entities.

CaliforniaALL’s 2008 tax-return shows an expense of around $16,000 for “occupancy.” See http://www.scribd.com/doc/48714110/6-CaliforniaALL-2008-Tax-Return

In June 2008, after a nationwide search and aided by a pro bono head-hunting firm in its search for a permanent CEO, CaliforniaALL not surprisingly hired Ruthe Catolico Ashley as its chief executive officer. (See Press Release http://www.scribd.com/doc/48717715/5-California-ALL-Announces-Hiring-of-Ruthe… )

As the purpose of CaliforniaALL was to transfer funds forward, it did so by awarding small grants to the UCI Foundation (FEIN Number 952540117), where State Bar of California executive director Joe Dunn serves as trustee and chair of the Audit Committee, for the purported purpose of establishing a Saturday Law Academy at UC Irvine known as SALUCI.

Sarah Redfield’s CV, which states (falsely) that she launched SALUCI, can be found at: http://www.scribd.com/doc/48772426/10-Resume-CV-of-University-of-New-Hampshir…

In September 2009, Ruthe Catolico Ashley exited CaliforniaALL (http://www.scribd.com/doc/48713268/7-Ruthe-Ashley-Announces-Departure-from-Ca… ), the entity which she previously proclaimed to Diane Curtis that it “will change the face of the future in the workplace and of our leaders,” “will be a model for other states,” and “is here to stay for the foreseeable future.”

Ultimately, the following events prompted me to ask Voice of OC to make its tax returns available for my review, as required by IRS regulations: the sham RFP by Sarah Redfield, who pre-selected the UCI Foundation as the only recipient of funds from CaliforniaALL; Joe Dunn served as chair of the UCI Foundation audit committee; in September 2009 Ruthe Ashley abruptly exited CaliforniaALL; in September 2009 Joe Dunn (together with his business partner Martha Escutia, James Brosnahan — who created CaliforniaALL, and Thomas Girardi of In Re Girardi, Erin Brokovich, and the one who James Towery appointed his personal attorney (Jerome Falk of Howard Rice) to act as special prosecutor against him) launched an online “news agency” known as Voice of OC. I also suspected that James Brosnahan of Morrison & Foerster (who represented various utility companies during California’s energy crisis) may have engaged in a scheme with Joe Dunn, as Dunn was the person investigating those utility companies and California’s energy crisis. In fact, Dunn was discredited by the media for claiming that he was the one who “cracked” Enron.

Voice of OC ignored my request for its tax records, whereupon I filed a complaint with the IRS. To date, I have not received a response from the IRS indicating that it has taken any steps to help me obtain those much needed records and impose the appropriate sanctions against Voice of OC.

Nevertheless, I continued with the inquiry as large pieces of the puzzle were missing. Later, when Mr. Tony West was appointed third in command at the DOJ, I learned of his identity due to wide media coverage and his association with Morrison & Forester and James Brosnahan. From there, it became harder to ignore the common denominator of “OBAMA FOR AMERICA” involving  James Brosnahan, Tony West, Chris Young, Annette Carnegie, and Susan Mac Cormac (of Morrison & Foerster) Geoffrey Bleich, Ron Olson (of Munger Tolles & Olson) Steven Churchwell ( of DLA Piper) in conjunction with Kamala Harris — which is that money originating from utility companies was misappropriated or laundered through the California Bar Foundation / CaliforniaALL to the campaign of “OBAMA FOR AMERICA.”

Other then collecting close to $2 million directly from utility companies (including the “hush-hush” transfer of $774,247, comprised of one installment of $5000 and another contribution of $769,247 from the Foundation which was never mentioned in the Foundation’s “newsroom” or by any other of its publications such as the California Bar Journal or by any of the newsletters and alerts published by CaliforniaALL), CaliforniaALL appears to have been be a sham, phantom entity from its inception in 2008 to the day it began to slowly be dissolved in approximately 2009, subsequent to the election of Barack Obama as president of the U.S. Its only alleged achievement was providing some money for the creation of the Saturday Academy of Law at UC Irvine (“SALUCI”) in approximately 2008-2009. Here too vast and intense suspicious circumstances exist as the funds from CaliforniaALL actually went to the UC Irvine Foundation, where the present executive director of the State Bar of California (Senator Joe Dunn) serves as a member of the audit committee, and it turns out that the SALUCI was actually already created in 2005 and was fully operational before CaliforniaALL arrived on the scene. In addition, some records seem to indicate that Verizon Wireless funneled the money directly to SALUCI , while CaliforniaALL took the credit.

Specifically, the Foundation reported to the IRS that REVENUE LESS EXPENSES in 2007 equaled plus +$373.842.00. However, in 2008, the Foundation reported to the IRS that REVENUE LESS EXPENSES equaled minus -$537,712.    In its 2008 Annual Report (See page 9 : http://www.scribd.com/doc/48712884/3-2008-Annual-Report-of-Foundation-of-the-… ), the Foundation alludes to CaliforniaALL by stating:

“In 2007-2008, the Foundation supported the launching of CaliforniaALL and, as the project filed for incorporation and 501(c)(3) tax-exempt status, served as CaliforniaALL’s fiscal sponsor. A collaboration between the California Public Employment Retirement System, the California Public Utilities Commission, the California Department of Insurance, and the State Bar of California, CaliforniaALL was created in an effort to close the achievement gap among California students from preschool to the profession and, specifically, to bolster the pipeline of young people of diverse backgrounds headed for careers in law, financial services, and technology. Once CaliforniaALL obtained its tax-exempt status and was able to function as a fully independent nonprofit organization, the foundation granted the balance of funds raised for the project – totaling $769,247 – to the new entity.”

Also cleverly buried in the California Bar Foundation’s 2008 annual report was the following sentence :

“We thank the following corporations for their gifts in support of CaliforniaALL:

AT & T

Edison International

PG & E Corporation Foundation

Verizon”

See page 24 : http://www.scribd.com/doc/48712884/3-2008-Annual-Report-of-Foundation-of-the-…

While I was able to ascertain from California Bar Foundation’s tax records an “exit” of the $774,247 in 2008 (the apparent source of which was allegedly the above-referenced 4 utility companies), I was unable to ascertain when and where the Foundation reported to the IRS — either in 2008 or 2007 or 2006 or 2005 — an “entry” of those funds which it allegedly held in trust for CaliforniaALL.

(Later, Jill Sperber of the State Bar of California, in a letter she sent to me dated July 28, 2011 claimed that “….No State Bar or California Bar Foundation funds were used for CaliforniaALL creation…The California Bar Foundation served as CaliforniaALL’s escrow holder only to hold fundraising funds before its formal incorporation… Once CaliforniaALL was formed as a non-profit entity, the funds were paid over to it…”

Most troubling, however, is the fact that Verizon did not report to the IRS either in 2007 or 2008 that it had contributed any money to the California Bar Foundation or CaliforniaALL. See :

http://www.scribd.com/doc/102325087/Verizon-Foundation-IRS-990-Year-2007
http://www.scribd.com/doc/102325330/Verizon-Foundation-IRS-990-Year-2008

As such, several days ago, on August 22, 2012, in search of the truth, Edison was duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023.   On August 30, 2012  Edison stated that it does not plan to comply with the request.

In view of the above, I urge you to investigate this matter to determine whether Edison’s refusal  violated IRS rules and regulations.  I ask that you impose appropriate sanctions against any and all involved, if supported by the results of your investigation.

I look forward to your response.  Please feel free to contact me if you have any questions or need additional information.

 

 

TIMELINE 2012:Asian Pacific American Legal Center Revisited In Order to Tag Duo Munger Tolles & Olson/Southern California Edison, Yet Again (TLR Note:1.Munger/ EDISON – Work In Pairs 2.Asians $$$ Utility Companies)

APALC

The Asian Pacific American Legal Center (APALC) of Southern California is founded with Stewart Kwoh as the Executive Director.

Executive Board of Directors

Executive Committee

Members at Large

  • Michael J. Brennan

    Children’s Hospital of Los Angeles Foundation
  • Paul S. Chan, Esq.

    Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg
  • Shirley S. Cho, Esq.

    Pachulski Stang Ziehl & Jones LLP
  • Fung Der

    Bank of America
  • Leslie Furukawa, Esq.

    Gomez & Furukawa

 

  • Veronica Gutierrez

    Southern California Edison

 

  • Alvin D. Kang

    BBCN Bank
  • Joseph K. Kim, Esq.

    O’Melveny & Myers LLP

 

  • C. David Lee, Esq.

    Munger, Tolles & Olson LLP

 

  • Stephen C. Lee, Esq.

    BP America Inc.
  • Joseph M. Lumarda

    Capital Guardian Trust Company
  • Timothy J. McCallion

    Verizon
  • Manisha Merchant, Esq.

    Union Bank
  • Loc Nam Nguyen

    Catholic Charities of Los Angeles
  • Mary Jane Perez

    Microsoft
  • Kevin M. Tamaki

    AT&T
  • Dennis Uyemura

    California Bank & Trust
  • Jack S. Yeh, Esq.

    Manatt, Phelps & Phillips, LLP

Source:

http://www.apalc.org/who-we-are/board-of-directors

———————————————————————————–

California Bar Foundation

Board of Directors

Mary Ann Todd
Munger, Tolles & Olson LLP

Richard Tom
Southern California Edison

Douglas A. Winthrop, President
Arnold & Porter LLP

Hon. Holly J. Fujie, Vice President
Superior Court of California, County of Los Angeles

Joan Kupersmith Larkin, Vice President
Seyfarth Shaw LLP

Frederick Brown, Secretary
Gibson, Dunn & Crutcher LLP

David Grove, Treasurer
Vaquero Capital

Sonia Gonzales, Executive Director
California Bar Foundation

Raul Ayala
Office of the Federal Public Defender

Ronald L. Blanc
Arnold & Porter LLP

Debora Buljat
General Dynamics NASSCO

Alec Y. Chang
Skadden, Arps, Slate, Meagher & Flom LLP

S. Raj Chatterjee
Morrison & Foerster LLP

Julia De Beers
Akin Gump Strauss Hauer & Feld LLP

Hon. Marguerite D. Downing
Superior Court of California, County of Los Angeles

Nancy L. Fineman
Cotchett, Pitre & McCarthy

Sandra S. Fujiyama
Sidley Austin LLP

Steven H. Goldberg
Downey Brand

Martha K. Gooding
Jones Day

Dean Hansell
Hogan Lovells LLP
   
Ray Hartman
DLA Piper LLP (US)

Geoffrey Holtz
Bingham McCutchen LLP

Robert D. Infelise
Cox Castle & Nicholson LLP

Paul V. Konovalov
Latham & Watkins LLP

Justin T. Miller
BNY Mellon Wealth Management

Amy M. Ross
Orrick, Herrington & Sutcliffe LLP

Thomas Silk
SILK NONPROFIT LAW

Dianne Baquet Smith
Sheppard, Mullin, Richter & Hampton LLP

Jon Streeter
Keker & Van Nest
State Bar President (2011-2012)

Christy Susman
Jack Daniels Properties, Inc.

Julie Taylor
Keesal, Young & Logan

Paul Tepper
Western Center on Law and Poverty

Karen E. Walter
Rutan & Tucker, LLP

Nancy Whang
Manatt, Phelps & Phillips, LLP

Shawn Williams
Robbins Geller Rudman & Dowd LLP

Source:

http://www.calbarfoundation.org/board.html

————————————————————————————————

Center for Asian-American United for Self Empowerment (“CAUSE”)

BOARD OF DIRECTORS

Fred Rowley — Munger Tolles & Olson

Ben Wong — Southern California Edison

Complete list, please see @

http://www.causeusa.org/index.php/about/board-of-directors

—————————————————————————————————

Fred Rowley —  As the wide network of Asian Pacific Islanders (“API”) operatives allegedly involved in myriad financial schemes on behalf of utility companies and their law firms continue to grow, a new wrinkle was recently added as California Supreme Court Associate Justice Ming W. Chin’s tenure has been shaken by revelations of alleged bribery by Edison International (“EIX”), Southern California Edison (“SCE”), and the law firm which represents them — Munger Tolles & Olson (“MTO”).


Fred Rowley of Munger Tolles & Olson who allegedly served as the middleman and conduit of bribes in his capacity as director of CAUSE. Once caught, Rowley conspired with Justice Chin, MTO, SCE, and others to defraud and mislead the California Commission on Judicial Performance. According to MTO, Rowley is a member of the Los Angeles World Affairs Council and the Pacific Council on International Policy. He also serves on the boards of directors of CAUSE, a non-profit that promotes Asian-Americans in politics. (image: courtesy of MTO)

A source familiar with the situation, speaking on condition of anonymity, maintain that “overwhelming and undisputed” evidence shows that for a period of several years, both SCE and MTO poured large amounts of money into a questionable non-profit entity for which Justice Chin served as an official adviser, albeit secretly so.

The non-profit at issue is Pasadena-based Center for Asian-American United for Self Empowerment (“CAUSE”), which allegedly spends the money it collects for the purpose of voter-registration of API, as well as to lobby for furthering the appointments of APIs to various governmental positions.

While Justice Chin’s clandestine involvement with CAUSE began in approximately 2004, the source maintain the inquiry is focused on the years prior to the recent election by which Justice Chin was up for re-election, and during the time period one alleged wrongdoer – API Fred Rowley of MTO – served as the middleman and conduit of bribes in his capacity as director of CAUSE.

This, according to the source, creates not only the appearance of improprieties but actual misconduct as bestowing anything of value on a judicial officer by SEC and MTO to sponsor an entity which will register as many as APIs as possible who would, in turn, vote for the retention of Chin in the upcoming election, is prohibited.

As mentioned earlier, Justice Chin abruptly quit CAUSE in the midst of an inquiry by the California Commission on Judicial Performance subsequent to a complaint which alleged that Chin’s long-standing involvement with the entity — which caters exclusively to APIs — is prohibitive due to CAUSE’s invidious discrimination against those who are non-API. At that time, those were the only allegations lodged, and no mention was made of alleged improprieties by EIX, SCE, or MTO.

Please continue @:

http://lesliebrodie.blog.co.uk/2012/09/03/amid-allegations-of-bribery-call-fo…

—————————————————————————–

The Man Behind the Curtain — Director of Southern California Edison Ron Olson of Munger Tolles & Olson

GOOD Ol’ BOYS

Ronald Leroy Olson is a man proud of his humble Iowa background. Like his two close friends and business partners from across the Missouri River in Omaha, Nebraska — Warren Buffett and Charlie Munger –Olson prefers to not flash his wealth and engage in conspicuous consumption.

Ronald L. Olson of Munger Tolles & Olson
Ronald L. Olson (image:courtesy)

Given the opportunity, Olson will boast about his upbringing in Iowa, which he claims instilled in him an honest work ethic. To hear him talk, one would often believe that Olson is a good-ol’ country farmer who sweats profusely while tilling the land and fears the limelight lest it fade his suit, rather than the shrewd, well-connected attorney who sits on the board of Berkshire Hathaway, Edison International, Southern California Edison, City National Corporation, The Washington Post Company, Western Asset Trusts, RAND Corporation, the Mayo Clinic, and the Council of Foreign Relations, or the attorney who in his spare time practices law out of Los Angeles-based Munger Tolles Olson on behalf of Berkshire Hathaway, Edison International, Southern California Edison, Western Asset Trust, and many other entities such as The Yucaipa Company, Hollywood studios, and other major banks and utility companies.

A similar tactic is used by Warren Buffett, who portrays himself as the harmless average Joe who drinks 5 cans of Cherry Coke a day and spends his time playing bridge. Gold? That’s for Jews to sew into their garments, Charlie Munger declared recently. We are into value investing in productive and honest businesses. Greed ? Speculation? Hollywood? Churning ? Control and influence over banks, monetary policies, the media, utilities, and the government? Not us, no sirree Bob.

Please continue @:

http://lesliebrodie.blog.co.uk/2012/08/27/copy-of-san-diego-reader-depublishe…

 

Sen. Dianne Feinstein’s Ninth Circuit’s Kim Wardlaw’s RICO Defendant Bill Wardlaw Hereby Asked to Opine on Connection Between Joe Dunn’s Voice of OC’s Norberto Santana to Your Predecessor Kinde Durkee ?

Voice of OC Kinde Durkee
Joe Dunn’s VOICE OF OC located at 1212 S. Victory Blvd. Burbank, CA 91502

 


Kinde Durkee of 1212 S. Victory Blvd. Burbank, CA 91502

Norberto Santana of Voice of OC
Norberto Santana of Voice of OC

Sir James J. Brosnahan
James Brosnahan of Voice of OC (former). Brosnahan, the self-proclaimed mastermind behind the Democratic Party and spouse of Alameda County Superior Court Judge Carol Brosnahan, gained fame after his psychiatrist — Berkeley-based Scyzophrenia specialist Dr. Bruce Africa — threaten to kill him due to an alleged sexual affair between Brosnahan and Marty Africa of Major Lindsey & Africa. In September of 2009, once Ruthe Ashley existed CaliforniaALL, Dunn (with the help of Escutia, Girardi and Brosnahan) launched online publication “Voice of OC.” Dunn is also a trustee of UCI Foundation — an entity which absorbed most of the grants CaliforniaALL collected from utility companies Senator Dunn officially investigated during California energy crisis.(Image: courtesy photos)


David Washburn of Voice of OC

Martha Escutia
Martha Escutia of Voice of OC (former)


Girardi & Keese’s Tom Girardi of Voice of OC (former). Per the Ninth Circuit, Walter Lack and Thomas Girardi have resorted to employing “the persistent use of known falsehoods” and “false representations” were made “knowingly, intentionally, and recklessly” during years of litigation. Subsequent to those findings, the State Bar of California appointed Howard Rice’s Jerome Falk to serve as special prosecutor against Girardi, Lack, and their respective firms. None mentioned that Girardi and Lack are actually clients of Jerome Falk and Howard Rice. See story here. For additional allegations of misconduct leveled against Girardi, please see here, and here , and here, and here, and here, and here, and here, and here, and here, and here. For the latest on Walter Lack, please see here. (Image: courtesy photo)

 

Mr. Joe cotchett

 

 

 

 

 

California Democratic Party operative and home-nudist Joe Cotchett of Cotchett Pitre & McCarthy, represents Diane Feinstein in suit against Kinde Durkee. Cotchett, as well as Nancy Fineman and others, were part of a criminal conspiracy to file false criminal charges against YR in connection with the ethics complaint in re CaliforniaALL / quadriplegic UC Davis  law student Sara Granda.  As a result of said conspiracy,  Yolo County District Attorney Jeff Reisig and Mike Cabral obtained a search warrant which resulted in the confiscation of all data referring or relating to Voice of OC and CaliforniaALL.

COPY OF YR’S COMPLAINT AGAINST VOICE OF OC SUBMITTED TO IRS IN 2011, BELOW:

Internal Revenue Service
Exempt Organizations Unit
1100 Commerce St.
Dallas, TX 75242-1198

Re: A referral for noncompliance with tax laws against exempt organization “Orange County’s Nonprofit Investigative News Agency” (dba “Voice of OC”):

PRELIMINARY STATEMENT:

In lieu of using IRS Form 13909 (Tax-Exempt Organization Referral Form), please consider this communication a formal complaint (referral) against an Orange County, California not-for-profit entity known as “Orange County Nonprofit Investigative News Agency,” which operates an online publication under the name “Voice of OC” (located at www.voiceofoc.org).

On September 1, 2011, Orange County’s Nonprofit Investigative News Agency and Voice of OC (collectively, “Voice of OC”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1.) To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests within 30 days. As such, reluctantly, the undersigned makes this referral.

INTRODUCTION OF ACTORS:

1. Mr. Joe Dunn in his role as the creator of online publication “Voice of OC” – Orange County’s Nonprofit Investigative News Agency.

2. Mr. Joe Dunn in his role as Trustee of the UCI Foundation (an entity which obtained funds from a separate charitable entity known as CaliforniaALL (FEIN Number 51-0656213).

3. Mr. Joe Dunn in his role as Executive Director of the State Bar of California – an entity which also controls and maintains a foundation known as the California Bar Foundation. The California Bar Foundation very quietly transferred close to $780,000 to CaliforniaALL.

4. Mr. Joe Dunn in his role as a politician and business partner of Martha Escutia, who was involved in matters relating to utility companies operating in California.

5. Ms. Gwen Moore – a former Assembly member in the California legislature. Ms. Moore has “clout” over the CPUC and utility companies. Ms. Moore presently serves as a member of the State Bar of California Board of Governors; she has previously been the subject of an FBI sting operation.

6. Mr. Geoffrey Brown – a former commissioner with the CPUC and former board member of the California Bar Foundation. During his tenure as a board member of the California Bar Foundation, a hush-hush transfer of $780,000 was made to CaliforniaALL. Subsequent to this transfer, Mr. Brown abruptly quit his position as board member.

7. Mr. Thomas Girardi of Los Angeles-based law firm Girardi & Keese. Mr. Girardi helped Joe Dunn to establish the Voice of OC, and was a member of its board of directors. Recently, he abruptly quit that position. Mr. Girardi is a well-known donor to the Democratic Party and, in particular, to California Senator Barbara Boxer.

8. Mr. Howard Miller of Los Angeles-based law firm Girardi & Keese. Mr. Miller was a member of both the State Bar of California Board of Governors and the California Bar Foundation board of directors when the “hush-hush” transfer of $780,000 from California Bar Foundation to CaliforniaALL took place.

9. Mr. James Brosnahan of Morrison & Foerster – Mr. Brosnahan represents utility companies. He – along with Thomas Girardi – helped Mr. Joe Dunn create the Voice of OC, the subject of this complaint. Like Mr. Girardi, Mr. Brosnahan also served as member of Voice of OC’s board of directors, and recently also abruptly quit his position.

10. Ms. Susan Mac Cormac of Morrison & Foerster – Ms. Mac Cormac was part of the legal team that created the legal entity known as CaliforniaALL.

11. Mr. Victor Miramontes – a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros. Mr. Miramontes was the chairman of CaliforniaALL.

12. Ms. Ruthe Catolico Ashley – a former employee of McGeorge School of Law who later served as a “Diversity Officer” at CalPERS. Ms. Ashley also served as member of the State Bar of California Board of Governors, and came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, Jr. (the assistant to CPUC President Michael Peevey). After CaliforniaALL came into existence, Ms. Ashley, after a simulated search, was selected to serve as CaliforniaALL’s executive director.

13. Ms. Sarah Redfield – a visiting professor at McGeorge School of Law and a member of the State Bar of California Committee. Ms. Redfield was chosen to serve as the “interim executive director” for CaliforniaALL, and later also allegedly served as a consultant to CaliforniaALL. For her services, Ms. Redfield was paid for the year of 2008 close to $160,000 as an “independent contractor.” Even though CaliforniaALL was housed pro bono at the law offices of DLA Piper in Sacramento, there is an entry on CaliforniaALL’s tax return for close to $16,000 for “occupancy.”

14. Ms. Judy Johnson – the former Executive Director of the State Bar of California. For the past 8 years, she has been secretly serving as the president of an entity with a misleading name (“California Consumer Protection Foundation”). This entity absorbed close to $30 million in class action cy pres awards, as well as fines and settlements imposed by the CPUC on utility companies. This entity forwarded those funds to mostly questionable ACORN-like entities. On its website, CCPF claims that it has available information on all grantees going back 10 years. Not so. The information is scattered and extremely difficult to ascertain. In fact, a whole year is missing (2002). During that year, incidentally, CCPF awarded funds to the real ACORN as well as to Eric Moore of Educate LA, who is presumably related to Gwen Moore. Ms. Johnson used her position as executive director of the State Bar of California (which is supposed to supervise and discipline lawyers) as “clout” to obtain cy pres awards from the settlement of class actions prosecuted and defended by countless law firms.

15. Mr. Jeffrey Bleich of Munger Tolles & Olson – presently the U.S. ambassador to Australia and a close friend of President Barack Obama. Mr. Bleich served as member of the BOG when CaliforniaALL was conceived. He is mentioned only in reference because Verizon Communications (which heavily contributed to CaliforniaALL) is a client of Munger Tules & Olson.

FACTUAL BACKGROUND:

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 at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. 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.

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. Serving as CaliforniaALL’s legal counsel was Susan Mac Cormac of Morrison & Foerster.

California Attorney General RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008 (FEIN Number 510656213). The address for CaliforniaALL is listed as 400 Capitol Mall, Suite 2400, Sacramento, California. This is actually the address of DLA Piper, where CaliforniaALL resided pro bono.
In June 2008, after a “nationwide search” and aided by a pro bono head-hunting firm in its search for a permanent CEO, CaliforniaALL, not surprisingly, hired Ruthe Catolico Ashley as its chief executive officer.

Also not surprisingly, Ruthe Catolico Ashley abruptly exited CaliforniaALL in September 2009 – the same month Joe Dunn launched his non-profit online publication “Voice of OC.”

CaliforniaALL was abruptly dissolved in June 2010.

CaliforniaALL’s 990 returns for 2008 list Sarah Redfield of Orono, Maine as an “independent contractor.” Her job description is listed as “Program Director.” and she was paid $157,763. It is unknown to the undersigned whether Redfield paid self-employment taxes or any other applicable state income taxes, either in California or Maine. (Incidentally, Redfield falsely states on her resume that she was part of a “curriculum committee” with SAL-UCI, an entity associated with UCI and the UCI Foundation where CaliforniaALL forwarded funds. In addition, Redfield falsely stated that she “launched” SAL-UCI, an entity that was already in existence from 2005.)

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 from the State Bar of California Foundation.

To date, data collected by the undersigned shows that CaliforniaALL (which was supposed to forward most of those funds) transferred between $300,000 to $400,000 to the UCI Foundation (where Joe Dunn serves as trustee), spent an unknown amount to honor Gwen Moore at a lavish dinner held at a luxury hotel in Sacramento, paid for other incidental expenses such as salaries, and subsequent to moving out from the offices of DLA Piper to a more modest location , paid for a UPS Store mail box slot in Citrus Heights. (Later, CaliforniaALL relocated its base to the loft of one Larrisa Parecki in Sacramento.)

Between 2001 and 2007, Geoffrey Brown served as a Commissioner with the CPUC. From 2006 to 2009, Brown served as a director of the State Bar of California Foundation. In 2008, California Bar Foundation quietly transferred $769,247.00 to CaliforniaALL. CaliforniaALL never acknowledged receipt of the $769,247.00 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.

Several months ago, the undersigned asked the State Bar of California Board of Governors to examine the suspicious circumstances surrounding CaliforniaALL (i.e. the hush hush transfer, etc.). While simply presenting facts similar to the above, Geoffrey Brown immediately, as though bitten by a snake, threatened to file legal action against the undersigned even though the communication with the BOG was absolutely privileged and justified, and only made mention of Brown in passing.

The undersigned has met Brown casually once or twice, and was highly impressed with his modest and genteel nature. A group conversation transpired and Brown immediately, without even being asked, volunteered to help and assist. This however, can and will not serve to bar the mentioning of his name as part of the overall description of events (such as in this communication). Such tactics would be unfair to the other individuals and the proper administration of justice. Nevertheless, it should be noted that the undersigned possesses not even a scintilla of evidence that demonstrating that Brown somehow pocketed any money unlawfully or engaged in any other unlawful activities, other than the convenient circumstances described above.

Due to unsettling circumstances involving the State Bar of California (such as the highly secretive control of CCPF by Judy Johnson, the refusal of the State Bar of California to disclose amounts it transfers to Bet Tzedek, a Los Angeles-based entity, the amounts it obtains from “voluntary contributions,” and, in particular, circumstances surrounding CaliforniaALL, Joe Dunn, and the Voice of OC), the undersigned asked Voice of OC to produce its tax returns for the past 3 years.

Specifically, the following circumstances surrounding Voice of OC have caused concerns:

1. Senator Martha Escutia, Chair of the Senate Committee on Energy, Utilities and Communications (EU&C) also participated in meetings with the CPUC concerning diversity. She is a founding member of The Senators (Ret.) firm, LLP, as is Joe Dunn.

2. The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $769,247.00 from the Cal Bar Foundation to CaliforniaALL, were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – on one hand Morrison & Foerster’s Susan Mac Cormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation, as well as BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. On the other hand Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi as part of helping Joe Dunn with the establishment of Voice of OC.

3. CaliforniaALL was to transfer funds forward. It did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee. It appears that CaliforniaALL preselected UCI Foundation, making a prior simulated request for proposal (RFP) by Sarah Redfield that led to the grant – a sham process.

4. In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That same month, Joe Dunn publicly launched his online publication, “Voice of OC.” (as though Ashley’s mission had been completed).

5. The recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” (as though they were fleeing the scene with guilty consciences).

As such, several months ago, on September 1, 2011, the Voice of OC was duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1 attached) Additionally, said request was delivered to Joe Dunn.

To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests. As such, reluctantly, the undersigned filed this complaint.

As such, I urge you to investigate this matter to determine whether Voice of OC who ignored the request to produce said tax returns violated IRS rules and regulations. I ask that you impose appropriate sanctions against any and all involved, if supported by the results of your investigation.

I look forward to your response. Please feel free to contact me if you have any questions or need additional information.

Voice of OC ‘s James Brosnahan — Former Mentor to United States Department of Justice’s Acting Associate Attorney General Tony West — Hereby Asked to Comment on Connection Between Voice of OC and Kinde Durkee as Exposed by YR

Voice of OC Kinde Durkee
Joe Dunn’s VOICE OF OC located at 1212 S. Victory Blvd. Burbank, CA 91502

 


Kinde Durkee of 1212 S. Victory Blvd. Burbank, CA 91502

Norberto Santana of Voice of OC
Norberto Santana of Voice of OC

Sir James J. Brosnahan
James Brosnahan of Voice of OC (former)


David Washburn of Voice of OC

Martha Escutia
Martha Escutia of Voice of OC (former)


Girardi & Keese’s Tom Girardi of Voice of OC (former)

 

Mr. Joe cotchett

 

 

 

 

 

California Democratic Party operative and home-nudist Joe Cotchett of Cotchett Pitre & McCarthy, represents Diane Feinstein in suit against Kinde Durkee. Cotchett, as well as Nancy Fineman and others, were part of a criminal conspiracy to file false criminal charges against YR in connection with the ethics complaint in re CaliforniaALL / quadriplegic UC Davis  law student Sara Granda.  As a result of said conspiracy,  Yolo County District Attorney Jeff Reisig and Mike Cabral obtained a search warrant which resulted in the confiscation of all data referring or relating to Voice of OC and CaliforniaALL. 

 

COPY OF YR’S COMPLAINT AGAINST VOICE OF OC SUBMITTED TO IRS IN 2011, BELOW:

Internal Revenue Service
Exempt Organizations Unit
1100 Commerce St.
Dallas, TX 75242-1198

Re: A referral for noncompliance with tax laws against exempt organization “Orange County’s Nonprofit Investigative News Agency” (dba “Voice of OC”):

PRELIMINARY STATEMENT:

In lieu of using IRS Form 13909 (Tax-Exempt Organization Referral Form), please consider this communication a formal complaint (referral) against an Orange County, California not-for-profit entity known as “Orange County Nonprofit Investigative News Agency,” which operates an online publication under the name “Voice of OC” (located at www.voiceofoc.org).

On September 1, 2011, Orange County’s Nonprofit Investigative News Agency and Voice of OC (collectively, “Voice of OC”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1.) To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests within 30 days. As such, reluctantly, the undersigned makes this referral.

INTRODUCTION OF ACTORS:

1. Mr. Joe Dunn in his role as the creator of online publication “Voice of OC” – Orange County’s Nonprofit Investigative News Agency.

2. Mr. Joe Dunn in his role as Trustee of the UCI Foundation (an entity which obtained funds from a separate charitable entity known as CaliforniaALL (FEIN Number 51-0656213).

3. Mr. Joe Dunn in his role as Executive Director of the State Bar of California – an entity which also controls and maintains a foundation known as the California Bar Foundation. The California Bar Foundation very quietly transferred close to $780,000 to CaliforniaALL.

4. Mr. Joe Dunn in his role as a politician and business partner of Martha Escutia, who was involved in matters relating to utility companies operating in California.

5. Ms. Gwen Moore – a former Assembly member in the California legislature. Ms. Moore has “clout” over the CPUC and utility companies. Ms. Moore presently serves as a member of the State Bar of California Board of Governors; she has previously been the subject of an FBI sting operation.

6. Mr. Geoffrey Brown – a former commissioner with the CPUC and former board member of the California Bar Foundation. During his tenure as a board member of the California Bar Foundation, a hush-hush transfer of $780,000 was made to CaliforniaALL. Subsequent to this transfer, Mr. Brown abruptly quit his position as board member.

7. Mr. Thomas Girardi of Los Angeles-based law firm Girardi & Keese. Mr. Girardi helped Joe Dunn to establish the Voice of OC, and was a member of its board of directors. Recently, he abruptly quit that position. Mr. Girardi is a well-known donor to the Democratic Party and, in particular, to California Senator Barbara Boxer.

8. Mr. Howard Miller of Los Angeles-based law firm Girardi & Keese. Mr. Miller was a member of both the State Bar of California Board of Governors and the California Bar Foundation board of directors when the “hush-hush” transfer of $780,000 from California Bar Foundation to CaliforniaALL took place.

9. Mr. James Brosnahan of Morrison & Foerster – Mr. Brosnahan represents utility companies. He – along with Thomas Girardi – helped Mr. Joe Dunn create the Voice of OC, the subject of this complaint. Like Mr. Girardi, Mr. Brosnahan also served as member of Voice of OC’s board of directors, and recently also abruptly quit his position.

10. Ms. Susan Mac Cormac of Morrison & Foerster – Ms. Mac Cormac was part of the legal team that created the legal entity known as CaliforniaALL.

11. Mr. Victor Miramontes – a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros. Mr. Miramontes was the chairman of CaliforniaALL.

12. Ms. Ruthe Catolico Ashley – a former employee of McGeorge School of Law who later served as a “Diversity Officer” at CalPERS. Ms. Ashley also served as member of the State Bar of California Board of Governors, and came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, Jr. (the assistant to CPUC President Michael Peevey). After CaliforniaALL came into existence, Ms. Ashley, after a simulated search, was selected to serve as CaliforniaALL’s executive director.

13. Ms. Sarah Redfield – a visiting professor at McGeorge School of Law and a member of the State Bar of California Committee. Ms. Redfield was chosen to serve as the “interim executive director” for CaliforniaALL, and later also allegedly served as a consultant to CaliforniaALL. For her services, Ms. Redfield was paid for the year of 2008 close to $160,000 as an “independent contractor.” Even though CaliforniaALL was housed pro bono at the law offices of DLA Piper in Sacramento, there is an entry on CaliforniaALL’s tax return for close to $16,000 for “occupancy.”

14. Ms. Judy Johnson – the former Executive Director of the State Bar of California. For the past 8 years, she has been secretly serving as the president of an entity with a misleading name (“California Consumer Protection Foundation”). This entity absorbed close to $30 million in class action cy pres awards, as well as fines and settlements imposed by the CPUC on utility companies. This entity forwarded those funds to mostly questionable ACORN-like entities. On its website, CCPF claims that it has available information on all grantees going back 10 years. Not so. The information is scattered and extremely difficult to ascertain. In fact, a whole year is missing (2002). During that year, incidentally, CCPF awarded funds to the real ACORN as well as to Eric Moore of Educate LA, who is presumably related to Gwen Moore. Ms. Johnson used her position as executive director of the State Bar of California (which is supposed to supervise and discipline lawyers) as “clout” to obtain cy pres awards from the settlement of class actions prosecuted and defended by countless law firms.

15. Mr. Jeffrey Bleich of Munger Tolles & Olson – presently the U.S. ambassador to Australia and a close friend of President Barack Obama. Mr. Bleich served as member of the BOG when CaliforniaALL was conceived. He is mentioned only in reference because Verizon Communications (which heavily contributed to CaliforniaALL) is a client of Munger Tules & Olson.

FACTUAL BACKGROUND:

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 at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. 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.

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. Serving as CaliforniaALL’s legal counsel was Susan Mac Cormac of Morrison & Foerster.

California Attorney General RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008 (FEIN Number 510656213). The address for CaliforniaALL is listed as 400 Capitol Mall, Suite 2400, Sacramento, California. This is actually the address of DLA Piper, where CaliforniaALL resided pro bono.
In June 2008, after a “nationwide search” and aided by a pro bono head-hunting firm in its search for a permanent CEO, CaliforniaALL, not surprisingly, hired Ruthe Catolico Ashley as its chief executive officer.

Also not surprisingly, Ruthe Catolico Ashley abruptly exited CaliforniaALL in September 2009 – the same month Joe Dunn launched his non-profit online publication “Voice of OC.”

CaliforniaALL was abruptly dissolved in June 2010.

CaliforniaALL’s 990 returns for 2008 list Sarah Redfield of Orono, Maine as an “independent contractor.” Her job description is listed as “Program Director.” and she was paid $157,763. It is unknown to the undersigned whether Redfield paid self-employment taxes or any other applicable state income taxes, either in California or Maine. (Incidentally, Redfield falsely states on her resume that she was part of a “curriculum committee” with SAL-UCI, an entity associated with UCI and the UCI Foundation where CaliforniaALL forwarded funds. In addition, Redfield falsely stated that she “launched” SAL-UCI, an entity that was already in existence from 2005.)

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 from the State Bar of California Foundation.

To date, data collected by the undersigned shows that CaliforniaALL (which was supposed to forward most of those funds) transferred between $300,000 to $400,000 to the UCI Foundation (where Joe Dunn serves as trustee), spent an unknown amount to honor Gwen Moore at a lavish dinner held at a luxury hotel in Sacramento, paid for other incidental expenses such as salaries, and subsequent to moving out from the offices of DLA Piper to a more modest location , paid for a UPS Store mail box slot in Citrus Heights. (Later, CaliforniaALL relocated its base to the loft of one Larrisa Parecki in Sacramento.)

Between 2001 and 2007, Geoffrey Brown served as a Commissioner with the CPUC. From 2006 to 2009, Brown served as a director of the State Bar of California Foundation. In 2008, California Bar Foundation quietly transferred $769,247.00 to CaliforniaALL. CaliforniaALL never acknowledged receipt of the $769,247.00 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.

Several months ago, the undersigned asked the State Bar of California Board of Governors to examine the suspicious circumstances surrounding CaliforniaALL (i.e. the hush hush transfer, etc.). While simply presenting facts similar to the above, Geoffrey Brown immediately, as though bitten by a snake, threatened to file legal action against the undersigned even though the communication with the BOG was absolutely privileged and justified, and only made mention of Brown in passing.

The undersigned has met Brown casually once or twice, and was highly impressed with his modest and genteel nature. A group conversation transpired and Brown immediately, without even being asked, volunteered to help and assist. This however, can and will not serve to bar the mentioning of his name as part of the overall description of events (such as in this communication). Such tactics would be unfair to the other individuals and the proper administration of justice. Nevertheless, it should be noted that the undersigned possesses not even a scintilla of evidence that demonstrating that Brown somehow pocketed any money unlawfully or engaged in any other unlawful activities, other than the convenient circumstances described above.

Due to unsettling circumstances involving the State Bar of California (such as the highly secretive control of CCPF by Judy Johnson, the refusal of the State Bar of California to disclose amounts it transfers to Bet Tzedek, a Los Angeles-based entity, the amounts it obtains from “voluntary contributions,” and, in particular, circumstances surrounding CaliforniaALL, Joe Dunn, and the Voice of OC), the undersigned asked Voice of OC to produce its tax returns for the past 3 years.

Specifically, the following circumstances surrounding Voice of OC have caused concerns:

1. Senator Martha Escutia, Chair of the Senate Committee on Energy, Utilities and Communications (EU&C) also participated in meetings with the CPUC concerning diversity. She is a founding member of The Senators (Ret.) firm, LLP, as is Joe Dunn.

2. The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $769,247.00 from the Cal Bar Foundation to CaliforniaALL, were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – on one hand Morrison & Foerster’s Susan Mac Cormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation, as well as BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. On the other hand Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi as part of helping Joe Dunn with the establishment of Voice of OC.

3. CaliforniaALL was to transfer funds forward. It did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee. It appears that CaliforniaALL preselected UCI Foundation, making a prior simulated request for proposal (RFP) by Sarah Redfield that led to the grant – a sham process.

4. In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That same month, Joe Dunn publicly launched his online publication, “Voice of OC.” (as though Ashley’s mission had been completed).

5. The recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” (as though they were fleeing the scene with guilty consciences).

As such, several months ago, on September 1, 2011, the Voice of OC was duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1 attached) Additionally, said request was delivered to Joe Dunn.

To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests. As such, reluctantly, the undersigned filed this complaint.

As such, I urge you to investigate this matter to determine whether Voice of OC who ignored the request to produce said tax returns violated IRS rules and regulations. I ask that you impose appropriate sanctions against any and all involved, if supported by the results of your investigation.

I look forward to your response. Please feel free to contact me if you have any questions or need additional information.

*Links and photos inserted by The Leslie Brodie Report.

Three-Card Monte Game Over as John Keker and Diverse Proxies Jon Streeter, Chris Young Reinstate Profile of OBAMA FOR AMERICA Chris Young on Keker & Van Nest Website

Three-card Monte, also known as the Three-card marney, Three-card trick, Three-Way, Three-card shuffle, Menage-a-card, Triplets, Follow the lady, Les Trois Perdants (French for Three Losers), le Bonneteau, Find the lady, Bola bola or Follow the Bee is a confidence game in which the victim, or mark, is tricked into betting a sum of money, on the assumption that they can find the money card among three face-down playing cards. It is the same as the shell game except that cards are used instead of “shells”.  (Source: http://en.wikipedia.org/wiki/Three-card_Monte )

3 card monty

These old school hustlers brought out the 3 Card Monty setup and got this dude for his grip. This is a variation on the ‘shell game’ where a pebble is hidden under a shell and the confidence man managing the game moves the pebble around discreetly so that you never correctly guess the shell it is under. (Image and nerrative credit: http://dallaspenn.com/weblog/?p=2564 )

gambling pictures

The tosser shows the player all three cards. So is there any way to win these games? In most cases, no — the games are rigged so you can’t win. (credit: http://www.howstuffworks.com/question590.htm  )

Three Card Monte in Las Vegas

There was the three card monte on the pavement. (source: http://adventureivan.com/2010/12/hitchhiking-las-vegas-and-surrounds.html )

https://i0.wp.com/affordablehousinginstitute.org/blogs/us/wp-content/uploads/imagesthree-card-monte-small.jpg

Just put down 3% and you’ll make a fortune (source: http://affordablehousinginstitute.org/blogs/us/2008/06/seller-paid-down-payments-fundamentally-flawed.html  )

KEKER’S DIVERSE PROXIES REVEALED AS JOHN KEKER LOSES THREE CARD MONTE


Chris Young of Keker & Van Nest (image: courtesy)

Christopher Jacob Young, commonly known as “Chris Young,” is currently listed on the State Bar of California’s database as an associate with Keker & Van Nest. Around 2007-2008, Mr. Young was an associate at Morrison & Foerster.

Christopher Young -- Morrison & Foerster 2008

Around 2007-2008, Mr. Young served as “Northern California Deputy Finance Director” for OBAMA FOR AMERICA.   Dereck Anthony West, who goes by the name “Tony West,” presently serves as third in command within the Department of Justice below Eric Holder and Lanny Breuer.  Around 2007-2008, West served as Chair of the “California Finance Committee” of OBAMA FOR AMERICA .


Tony West, Chris Young

 

Sir James J. Brosnahan
MORRISON & FOERSTER TEAM: JAMES BROSNAHAN, TONY WEST,
ANNETTE CARNEGIE, CHRIS YOUNG —
Brosnahan, the self-proclaimed mastermind behind the Democratic Party and spouse of Alameda County Superior Court Judge Carol Brosnahan, gained fame after his own psychiatrist — Berkeley-based Scyzophrenia specialist Dr. Bruce Africa — threaten to kill him due to an alleged sexual affair between Brosnahan and Dr. Africa’s wife —  Marty Africa of Major Lindsey & Africa. In September of 2009, once Ruthe Ashley existed CaliforniaALL, Dunn (with the help of Escutia, Girardi and Brosnahan) launched online publication “Voice of OC.” Dunn is also a trustee of UCI Foundation — an entity which absorbed most of the grants CaliforniaALL collected from utility companies Senator Dunn officially investigated during California energy crisis.(Image: courtesy photos)


Martha Fay Africa (AKA Marty Africa), managing director at Major, Lindsey & Africa. Formerly Director of Law Placement at the University of California, Boalt Hall School of Law, and a founder of ABA Women Rainmakers, she is Co-Chair of the ABA LPM Section’s Management Core Group Standing Committee on Diversity. According to Schizophrenia specialist — Berkeley-based psychiatrist Dr. Bruce Africa — former patient James Brosnahan of Morrison & Foerster and Marty Africa were involved in an illicit love affair.  Recently Morrison & Foerster’s Susan Mac Cormac was nominated by Marty Africa as Rainmaker of the Year.  Incidentally, both Brosnahan and Mac Cormac are under scrutiny in connection with non-profit entity CaliforniaALL for the alleged suspicious activities of laundering money to State Bar of California Executive-Director Joe Dunn of Voice of OC and OBAMA FOR AMERICA via California Bar Foundation — Please see HERE and HERE for additional information. (image: courtesy of Major, Lindsey & Africa)

James Brosnahan is presently a senior partner at the San Francisco office of Morrison & Foerster. He considers himself to be the “mastermind behind the Democratic Party.” CaliforniaALL was created by Morrison & Foerster, under the supervision of Mr. Brosnahan. Specifically Susan Mac Cormac and Eric Tate assisted with the legal aspects of creating the entity.

Carnegie is presently employed at the Kaiser Foundation. Around 2007-2008, she was a partner at Morrison & Foerster and served as a director of the Foundation. In 2007-2008, the Foundation poured into CaliforniaALL the large sum of $774,247; by comparison, most other donations were around $10,000 to $20,000. As shown below, the transfer of said money appears to be imbued with fraud and secrecy, especially in connection with four utility companies (Verizon, PG&E, Edison, and AT&T)

In 2007, Jeffrey Bleich of Munger Tolles & Olson launched and co-chaired the national finance committee of OBAMA FOR AMERICA. Other attorneys from law firms representing utility companies seeking to place Obama in office because they hoped he would support the Smart-Grid and clean energy initiatives followed suit , including James Brosnahan (self-proclaimed “mastermind behind the Democratic Party” ) Tony West (OBAMA FOR AMERICA’s Chair of California Finance Committee) Chris Young (“OBAMA FOR AMERICA” Northern California Deputy Finance Director) Annette Carnegie (former director with the California Bar Foundation) Kamala Harris (Co-Chair, OBAMA FOR AMERICA ; member of CaliforniaALL) Steven Churchwell ( DLA Piper, Treasurer, draft committee of OBAMA FOR AMERICA )

Bleich — while serving as member of the State Bar of California Board of Governors and as director of the California Bar Foundation (alongside another attorney from Munger Tolles, Bradley Phillips) — was a man on a mission.

Ruthe Catolico Ashley served as member of the State Bar of California Board of Governors alongside Jeffrey Bleich,  came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, (the assistant to CPUC President Michael Peevey).

CaliforniaALL was conveniently housed free of charge at the offices of DLA Piper in Sacramento, alongside the draft committee of OBAMA FOR AMERICA, where Steve Churchwell of DLA Piper in Sacramento served as Treasurer of the draft committee of OBAMA FOR AMERICA.

Subsequent to the election of Barack Obama, CaliforniaALL was dissolved.

Once CaliforniaALL was exposed as sham entity, including on and by The Leslie Brodie Report, Keker & Van Nest abruptly removed Chris Young’s name from its web-site.  In seeking to conceal Young’s present association with Keker & Van Nest, John Keker sought to protect his own pecuniary interests and was clearly motivated by the totality of the circumstances surrounding Young, especially around 2007-8.

 

 Keker & Van Nest /MIA Name of Chris Young

Pleadings submiited by Keker & Van Nest bearing the name of Chris Young

 Keker & Van Nest - Elliot Peters -- Chris Young -- March 2012

State Bar of California profile of Chris Young

 

Chris Young of Keker & Van Nest

See original story @:

http://lesliebrodie.blog.co.uk/2012/06/26/scrutiny-of-keker-van-nest-s-jon-streeter-intensifies-as-shocking-revelations-further-implicate-keker-van-nest-s-chris-young-doj-s-tony-west-13946817/

See also subsequent ethics complaint @:

http://lesliebrodie.blog.co.uk/2012/08/08/copy-of-superseding-ethics-complaint-against-keker-van-nest-john-keker-jon-streeter-chris-young-in-re-events-subsequent-to-alleged-embezzlement-f-14415974/

However, in an almost unprecedented turn of events and somewhat ironically, within the last few days, Keker & Van Nest reinstated the profile of Chris Young on its website.

Said profile reads: Chris Young devotes himself to his client’s success, ushering them through confounding and often overwhelming situations where personal freedom, reputations, and significant damages are often at stake. Whether handling white collar, intellectual property, professional liability, class action or commercial litigation, he works alongside his clients to achieve their short and long-term goals.   Please see @: http://kvn.com/Lawyers/Young-Chris

As to John Keker’s other diverse proxy, see below:

Jim Brosnahan, Jon Streetr, Jeff Bleich



Above (L-R) Mr. David Werdegar of IOA; State Bar of California BOG Member Jeannine English; Mr. Thomas Girardi of embattled Voice of OC; Executive Director of State Bar of California Joe Dunn of embattled Voice of OC; California Supreme Court Associate Justice Hon. Kathryn Werdegar; really special prosecutor in matter of In Re Girardi and controversial judicial aspirant Prof. Rory Little; controversial gambling attorney Howard Dickstein (spouse of Jeannine English and a client of Keker & Van Nest), MoFo’s James Brosnahan of embattled Voice of OC; Keker & Van Nest partner Matthew Werdegar – son of David and Kathryn Werdegar; Keker & Van Nest partner Jan Little (spouse of Rory Little); Keker & Van Nest partner Elliot Peters — attorney for Howard Dickstein; California Democratic Party operative and mentor to Willie Brown’s former paramour — Mr. John Keker; Keker & Van Nest partner, attorney for Howard Dickstein, controversial judicial aspirant, and President of the State Bar of California — Mr. Jon Streeter. (Image:courtesy photo)

 

Obama Campaign Borrows $15M from Bank of America(TLR Note:May interest Joseph Zernik In Re Bet Tzedek,Sustain,Munger;GOLDEN CAPED SUPERMAN)

Obama-Buffett

Obama For America took out a $15 million loan from Bank of America last month, according to the campaign’s October monthly FEC report. The loan was incurred on September 4 and is due November 14, eight days after the election. OFA received an interest rate of 2.5% plus the current Libor rate.

Warren Buffett, Obama donor and namesake of the infamous “Buffett Rule,” invested $5 billion in Bank of America last year in an effort to help the ailing financial institution. Last month, two weeks after OFA took out the loan, Bank of America announced a plan that would lay off 16,000 workers by the end of the year.

Warren Buffett, Obama donor and namesake of the infamous “Buffett Rule,” invested $5 billion in Bank of America last year in an effort to help the ailing financial institution. Last month, two weeks after OFA took out the loan, Bank of America announced a plan that would lay off 16,000 workers by the end of the year.

Please continue @: http://freebeacon.com/obama-campaign-borrows-15m-from-bank-of-america/

 

GOLDEN CAPED SUPERMAN — GOOD Ol’ BOYS

Ronald Leroy Olson is a man proud of his humble Iowa background. Like his two close friends and business partners from across the Missouri River in Omaha, Nebraska — Warren Buffett and Charlie Munger –Olson prefers to not flash his wealth and engage in conspicuous consumption.

Ronald L. Olson of Munger Tolles & Olson
Ronald L. Olson (image:courtesy)

Given the opportunity, Olson will boast about his upbringing in Iowa, which he claims instilled in him an honest work ethic. To hear him talk, one would often believe that Olson is a good-ol’ country farmer who sweats profusely while tilling the land and fears the limelight lest it fade his suit, rather than the shrewd, well-connected attorney who sits on the board of Berkshire Hathaway, Edison International, Southern California Edison, City National Corporation, The Washington Post Company, Western Asset Trusts, RAND Corporation, the Mayo Clinic, and the Council of Foreign Relations, or the attorney who in his spare time practices law out of Los Angeles-based Munger Tolles Olson on behalf of Berkshire Hathaway, Edison International, Southern California Edison, Western Asset Trust, and many other entities such as The Yucaipa Company, Hollywood studios, and other major banks and utility companies.

A similar tactic is used by Warren Buffett, who portrays himself as the harmless average Joe who drinks 5 cans of Cherry Coke a day and spends his time playing bridge. Gold? That’s for Jews to sew into their garments, Charlie Munger declared recently. We are into value investing in productive and honest businesses. Greed ? Speculation? Hollywood? Churning ? Control and influence over banks, monetary policies, the media, utilities, and the government? Not us, no sirree Bob.

WAR STORY TIME

The second-in-command at Berkshire Hathaway — Charlie Munger — is not currently actively practicing law, although he holds the position of “of counsel” at Munger Tolles & Olson — a firm previously described by various media outlets as the best law firm in the country with an army of lawyers ready to wage war, and whose client list includes Berkshire Hathaway, Verizon Communication, and Southern California Edison.

Those warring lawyers often win various awards and designations by major California legal newspapers such as the “Los Angeles Daily Journal” and “San Francisco Daily Journal,” coincidentally owned by Charlie Munger, one of the founding fathers of Munger Tolles & Olson.

Other corporate law firms operating in California with large books of business from major utility companies include Northern California-based Morrison & Foerster (PG&E, El Paso), Keker & Van Nest (PG&E), DLA Piper (Sempra Energy, owner of San Diego Electricity ), and now-defunct Howard Rice (PG&E), which is now part of Arnold & Porter.

Beginning in 2000, these law firms were busy defending utility companies in the countless lawsuits and monumental proceedings stemming from California’s energy crisis. A unique features of those law firms is a tendency to obscure their corporate practices (i.e. defending tobacco companies, banks, utilities, mortgage companies) from public view. Instead, they would rather publicize their effort to promote diversity, and their alleged contributions to equal rights for all. For example, in the “Prop 8 marriage cases” Keker & Van Nest, Munger Tolles & Olson, Howard Rice, and Morrison & Foerster played pivotal roles. However, and although I may be mistaken, a quick review of Morrison & Foerster’s website listings for its California offices does not show even one male, African-American attorney working in California; moreover, Howard Rice has been sued for rescinding an offer of employment to a Latina attorney on the grounds of downsizing, only to continue to hire white men.

Those firms which represented the utility companies during California energy crisis, and the class-action plaintiffs’ firms who sued on behalf of consumers (such as Girardi & Keese and Cotchett Pitre & McCarthy) developed a penchant for congregating around the State Bar of California, and more specifically the California Bar Foundation. At times, strange though it may seem, two representatives from the same firms would serve as directors of the California Bar Foundation, as was the case in 2007-2008 when Jeff Bleich and Bradley Phillips of Munger Tolles & Olson served as directors, or currently where there are two directors from Arnold Porter.

A GOLDEN CAPED SUPERMAN

In 2007, Jeffrey Bleich was a ready-to-wage-war attorney working for Ronald Leroy Olson at Munger Tolles & Olson who was dubbed by some media outlets as Superman.

Bleich (if you believe Charlie Munger, while he had gold sewed into his cape) launched and co-chaired the national finance committee of Obama for America. Other attorneys from law firms representing utility companies seeking to place Obama in office because they hoped he would support the Smart-Grid and clean energy initiatives followed suit. Steven Churchwell of DLA Piper in Sacramento , James Brosnahan, Tony West and Chris Young of Morrison & Foerster, Kamala Harris (a protege of Willie Brown – a lackey of PG&E), and Doug Scrivner (who served as chief legal counsel of Accenture- a relatively unknown yet powerful entity) organized to push for the election of Barack Obama on behalf of those seeking to promote green energy.

At that time, Bleich was on a mission to put Obama in office on behalf of utility companies. The cover story was that Bleich and Obama are “good friends” ever since Bleich was asked to recruit Obama as clerk for appellate court Justice Abner Mikva.

Bleich — while serving as member of the State Bar of California Board of Governors and as director of the California Bar Foundation (alongside another war ready, gold sewing attorney from Munger Tolles, Bradley Phillips) — was a man on a mission.

SMART GREED

While an officer at the State Bar of California, Jeffrey Bleich and James Brosnahan were instrumental in pushing for the urgent creation of a non-profit entity known as CaliforniaALL.

Please continue @:

http://lesliebrodie.blog.co.uk/2012/08/27/copy-of-san-diego-reader-depublishe…

San Bruno, Ratepayer Advocates Challenge California Public Utilities Commission, PG&E: Demand CPUC Rescind Appointment of Sen. George Mitchell in Blockbuster PG&E Announcement

A blistering attack by the City of San Bruno, ratepayer advocates and Assemblyman Jerry Hill called into question the California Public Utility’s appointment of Sen. George Mitchell and his law firm DLA Piper as mediators in the PG&E explosion and fire settlement.

Mayor Jim Ruane of San Bruno, Thomas J. Long, Legal Director of consumer advocacy group The Utility Reform Network (TURN), and Karen Paull, Acting Legal Counsel, The Division of Ratepayer Advocates (DRA) all stood in front of the CPUC this morning and lambasted the “unholy and cozy alliance” between regulator CPUC and the regulated Pacific Gas & Electric Co.

The City of San Bruno and consumer advocates signed a letter demanding the CPUC rescind the appointment of Sen. Mitchell immediately because the CPUC  went behind their backs in appointing the mediator to oversee the talks and presented evidence that CPUC and PG&E had ex-parte contact in making the decision. The groups objected to the choice of mediator and said they should have been consulted before regulator CPUC appointed the mediator.

The California Public Utilities Commission had announced Monday that it had appointed former U.S. Senator George Mitchell to serve as mediator in the talks.

San Bruno City Manager Connie Jackson and attorneys with San Francisco and the consumer groups said the CPUC had notified PG&E before it appointed Mr. Mitchell, but didn’t notify San Bruno, San Francisco, or ratepayer advocates and officials.

“The unilateral announcement by the CPUC Monday that it had selected a mediator without consulting any of the parties at the negotiating table is consistent with the cozy and unholy relationship between the CPUC and PG&E.  This action is symbolic of the broken, dysfunctional and dishonest relationship between PG&E and the CPUC, the agency that is supposed to be the watchdog and protector of the public’s interest,” said Mayor Ruane of San Bruno.

“San Bruno is rightly concerned that the DLA Piper law firm has previously represented utilities–and that the firm was selected unilaterally by the CPUC and PG&E without the participation of any other party, which goes against the fundamental principles of mediation,” said Mayor Ruane at the press conference today.

“It also is of deep concern to us that DLA Piper has a lengthy list of corporate clients, including Southern California Edison, which the current chairman of the CPUC, Michael Peevey, once headed, according to news media reports about the appointment.

“In order for any mediation to succeed, the mediator will have to assure all the parties to our satisfaction that they have no conflicts, that they can be an unbiased mediator, and that the process will be open, transparent and fair,” Mayor Ruane said.

Please continue @:

http://www.sanfranciscosentinel.com/?p=168763

Related story, please see @:

http://lesliebrodie.blog.co.uk/2012/10/13/hundreds-of-thousands-of-dollars-fr…

 

DLA Piper, Sen. Mitchell Tainted by PG&E San Bruno Case: Recusal is the Only Path to Integrity for Law Firm, California Public Utilities Commission

George Mitchell: Reputation at Stake

Editorial — SanFranciscoSentinel

This week’s unilateral announcement by the California Public Utilities Commission to select DLA Piper—a global law firm that has represented the company headed by the current CPUC President Michael Peevy and worked to defend utility companies in major litigation—has sent shock waves throughout California’s legal community, elected leaders, the public and the media.

The fact that none of the parties at the negotiating table–with the exception of the ‘defendant’ in the case, Pacific Gas & Electric Co.–knew of or agreed to mediation nor was a party to the selection of the mediator, has raised ethical and legal questions that stun even the most passive observers in this monumental national public safety case.

The most fundamental basis of mediation is the agreement by all parties that it is necessary, closely followed by the mutual agreement of an unbiased and neutral mediator.  That very principal has been broken in every conceivable fashion by the California Public Utilities Commission and admitted as such to the Associated Press when CPUC Commissioner Mike Florio said in an interview he felt the move to inform PG&E first about the selection of DLA Piper had not been well thought out: “I think we handled this rather poorly. Announcing it before people were brought into it was not a good idea,” Florio said.

In our opinion, it’s beyond not being a ‘good idea,’ it breaks the very foundation of mediation and ruins the integrity of the CPUC process and DLA Piper’s participation.

If DLA Piper and Senator George Mitchell hope to retain any integrity and their reputations in the legal community, they must immediately resign this assignment now they have become aware of the unethical and potentially illegal manner in which they were selected.  We urge them to resign even before the CPUC leadership has the opportunity to rescind their appointment. It is not only the honorable thing to do, but it is the only thing that will preserve their reputation and demonstrate that they are not simply stooges for the utility industry and CPUC President Michael Peevy.

Please continue @:

http://www.sanfranciscosentinel.com/?p=168795

 

TIMELINE — SUMMER 2010 : DLA Piper Which Housed CaliforniaALL Partnered with CaliforniaALL’s Freada Klein Kapor’s Level Playing Field Institute to Provide Internships for Minority Undergraduates in DLA Piper’s San Francisco (TLR Note: Video Dated 2009)


As part of our pipeline initiative, the San Francisco office hosted undergraduate student interns in a program sponsored by Level Playing Field Institute.

Throughout the summer, we again partnered with the Level Playing Field’s IDEAL Scholars program and the Jackie Robinson Foundation Scholars program to provide summer internships for minority undergraduates in our San Francisco Office.

The Level Playing Field Institute’s IDEAL Scholars program is a six-week internship for low-income, under-represented students of color attending the University of California-Berkeley who are interested in pursuing law school. The Jackie Robinson Foundation (JRF) provides four-year college scholarships to disadvantaged students of color to ensure their success in college and develop their leadership potential. DLA Piper’s close relationship with the JRF, including our providing office space and resources to JRF’s West Coast operations in Los Angeles, came about through Los Angeles Managing Partner Michael Meyer, who is on the JRF board and is a longtime supporter of its scholarship program.

During their internship with us, the students shadow DLA Piper lawyers and staff; at the culmination of their internship, they deliver a presentation on the functions and synergies of the departments with which they worked. The goal of the internship is to give the students some perspective of what it is like to work in a large law firm and to develop an appreciation for all jobs performed. Hear from past IDEAL scholars in a YouTube presentation provided by the Level Playing Field Institute.

 

Sources:

http://www.dlapiper.com/files/upload/DLA_Piper_Diversity_and_Inclusion_News_J…

 

AND:

 

http://www.dlapiperdiversity.com/community/

 

AND:

 

https://www.youtube.com/watch?v=dy-Qts35c3E

 

 

 

New York Times’s Eric Lipton: Ties to Obama Aided in Access for Utility Exelon (TLR Note: Similar to Obama for America, Sham CaliforniaALL, SCE , PG&E, Morrison & Foerster, Munger Tolles & Olson, DLA’s Piper’s Churchwell, Accenture’s Scrivner Connection)

Robert Ray/Associated Press Exelon’s nuclear plant in Byron, Ill. Company officials say its relationship with the Obama administration reflects a shared vision of moving the nation toward a cleaner energy future.
Early in the Obama administration, a lobbyist for the Illinois-based energy producer Exelon Corporation proudly called it “the president’s utility.” And it was not just because it delivers power to Barack Obama’s Hyde Park neighborhood in Chicago.
Exelon’s top executives were early and frequent supporters of Mr. Obama as he rose from the Illinois State Senate to the White House. John W. Rogers Jr., a friend of the president’s and one of his top fund-raisers, is an Exelon board member. David Axelrod, Mr. Obama’s longtime political strategist, once worked as an Exelon consultant, and Rahm Emanuel, the Chicago mayor and Mr. Obama’s former chief of staff, helped create the company through a corporate merger in 2000 while working as an investment banker.
With energy an increasingly pivotal issue for the Obama White House, a review of Exelon’s relationship with the administration shows how familiarity has helped foster access at the upper reaches of government and how, in some cases, the outcome has been favorable for Exelon.
In addition, Exelon, which provides power to more than 6.6 million customers in at least 16 states and the District of Columbia, was chosen as one of only six electric utilities nationwide for the maximum $200 million stimulus grant from the Energy Department. And when the Treasury Department granted loans for renewable energy projects, Exelon landed a commitment for up to $646 million allowing it, on extremely generous financial terms, to finance one of the world’s largest photovoltaic solar projects.
When Exelon’s PECO subsidiary emerged from hundreds of applicants as one of six companies to win the maximum $200 million stimulus grant, Energy Secretary Steven Chu went to Philadelphia to announce the award. Exelon is using the money to install new “smart meters” for its Philadelphia-area customers, cutting the price tag for a project it was already planning. (A second grant application Exelon submitted for its Chicago utility did not succeed.)
Separately, the Treasury Department has approved a $646 million loan, guaranteed by the Energy Department, to help Exelon build a 230-megawatt solar project now under construction in Los Angeles County. The project, which it recently bought just as construction was beginning, is so heavily subsidized by federal and local governments that Exelon expects it will be reimbursed for all its upfront money by 2015.
Please continue @:
Related stories, please see:

San Onofre Nuclear Generating Station Wikipedia Profile (TLR Note: Owners Southern California Edison and San Diego Gas & Electric/ Sempra — clients of Munger Tolles & Olson and DLA Piper, Respectively )

The San Onofre Nuclear Generating Station (SONGS) is a nuclear power plant located on the Pacific coast of California, in the northwestern corner of San Diego County, south of San Clemente. The site is surrounded by the San Onofre State Park and sits next to highway Interstate 5. The landmark spherical containment buildings around the reactors are designed to prevent unexpected releases of radiation. The closest tectonic fault line is the Cristianitos fault, which is considered inactive. The plant has been the site of many protests by anti-nuclear groups.

The facility is operated by Southern California Edison. Edison International, parent of SCE, holds 78.2% ownership in the plant; San Diego Gas & Electric Company, 20%; and the City of Riverside Utilities Department, 1.8%. The plant employs over 2000 people. The plant is located in Nuclear Regulatory Commission Region IV.

The plant’s two reactors (Units 2 and 3) have been shut down since January 2012 due to premature wear found on tubes in steam generators, which apparently contributed to the accidental release of a small amount of radioactive steam.

Contents

Reactors

Unit 1, a first generation Westinghouse pressurized water reactor that operated for 25 years, closed permanently in 1992, and has been dismantled and is used as a storage site for spent fuel. It had a spherical containment of concrete and steel with the smallest wall being 6 feet (1.8 m) thick. Units 2 and 3, Combustion Engineering pressurized water reactors, continue generate 1,172 MWe and 1,178 MWe respectively.

2012 shutdown

Unit 2 shut in early January 2012 for refueling and replacement of the reactor vessel head.[5] Both reactors at San Onofre have been shut since January 2012 due to premature wear found on tubes in steam generators installed in 2010 and 2011. Plant officials have pledged not to restart the units until the cause of the tube leak and tube degradation are understood, and the units are expected to be offline during the summer.[5]

In March 2012, former nuclear power executive Arnold Gundersen of Fairewinds Associates, prepared a report that argued that “design modifications in the newly installed steam generators, such as different alloy for the tubes, led to problems at the plant”. In April 2012, in a sign of mounting concern over the shutdown, the top U.S. nuclear official, Gregory Jaczko, toured the facility with Senator Dianne Feinstein, a Democrat, and U.S. Representative Darrell Issa, a Republican.[6] The shutdown in 2012 was not due to an earthquake or tsunami but instead due to poor design of the replacement steam generators that included many design changes and were not reviewed by the Nuclear Regulator Commission.[7]

In May 2012, two retired natural gas electrical generators were brought back online to help replace the lost power generation, however the Huntington Beach Power Station only produces 440Mw of power.[8][9]

As of July 2012, the cost related to the shutdown has reached $165 million, with $117 million of that being the purchasing of power from other sources to replace the output of the plant.[10] As a result, the Chairman of Edison International Ted Carver has stated that there is a possibility that reactor 3 maybe scrapped as “It is not clear at this time whether Unit 3 will be able to restart without extensive additional repairs”.[10]

The station had technical problems prior to those of 2012. For instance, as the July 12, 1982 edition of Time states, “The firm Bechtel was … embarrassed in 1977, when it installed a 420-ton nuclear-reactor vessel backwards” at San Onofre.[11]

Safety culture

According to the NRC, workers at San Onofre are “afraid they will be retaliated against if they bring up safety problems, something that’s against the rules”.[12] As of 2011, there has been progress on the issue, says the NRC, but there is still more work to do. So far, the problems have not threatened the safety of plant workers or the public. San Clemente Green is an environmental group opposed to the continued operation of the San Onofre nuclear plant.[12]

Environmental risk and mitigation

Southern California Edison states the station was “built to withstand a 7.0 magnitude earthquake directly under the plant”.[13] Additionally, there is a 25-foot tsunami wall to protect the plant from a rogue wave that could be potentially generated by the active fault 5 miles offshore.[14]

The Nuclear Regulatory Commission’s estimate of the risk each year of an earthquake intense enough to cause core damage to the reactor at San Onofre was 1 in 58,824, according to an NRC study published in August 2010.[15][16]

Unlike many pressurized water reactors, but like some other seaside facilities in Southern California, the San Onofre plant uses seawater for cooling, and thus lacks the iconic large cooling towers typically associated with nuclear generating stations. However, changes to water-use regulations may require construction of such cooling towers in the future to avoid further direct use of seawater. Limited available land next to SONGS would likely require towers to be built on the opposite side of Interstate 5.[17]

Anti-nuclear protests

On August 6, 1977, about a thousand anti-nuclear protesters marched outside the nuclear generation station, while units 2 & 3 were under construction.[18]

On June 22, 1980, about 15,000 people attended a protest near San Onofre Nuclear Generating Station.[19]

On March 11, 2012, activists protested the San Onofre Nuclear Generating Station to mark the one-year anniversary of the Fukushima Daiichi nuclear disaster. Over 200 people rallied in San Onofre State Beach to listen to several speakers, including two Japanese residents who lived through the Fukushima meltdowns and Raymond Lutz. Though local leaders and industry officials say that a disaster like Fukushima is unlikely at San Onofre, the activists point to the plant’s safety record, earthquake risk, location on the coast quite similar to that in Japan, and the fact that as of March 2012, San Onofre’s reactors were “off-line due to leaks and wear and tear to the generator tubes. Speakers at the event said they would like for the generators to remain off”.[20]

Environmental and anti-nuclear activists gathered at Southern California Edison’s Irvine headquarters in May 2012 calling for the San Onofre plant to be decommissioned. They also called for Edison to spend more money implementing energy conservation programs and suggested the formation of a working group to encourage consumers to save energy. The plant’s shutdown has drawn scrutiny from elected officials, including Sen. Barbara Boxer, who asked Edison and the NRC whether design changes in the steam generators were properly reviewed.[21]

In popular culture

In the James W. Huston novel, Fallout, Pakistani Air Force Pilots attempt to bomb San Onofre using stolen California Air National Guard F-16s. In the James Bond novel License Renewed by John Gardner, it was one of six nuclear power stations in the terrorist/blackmail plot “Meltdown” planned by The Laird of Murcaldy, Anton Murik. In the science fiction novel Timescape, by Gregory Benford, the nuclear plants at San Onofre raised the water temperature along the adjacent coast, which stimulated aquatic life.

The generating station was also featured in the 1983 documentary film Koyaanisqatsi and the 1988 comedy film The Naked Gun: From the Files of Police Squad!. It was featured as the first landmark in the San Diego level of the 1998 video game California Speed.

In the 2011 television series The Event, the fuel rods were removed from San Onofre to thwart the aliens’ plan to steal the uranium to build a “transportation array”.

In the role-playing game Shadowrun, San Onofre is destroyed by an earthquake in the year 2028 and sealed similarly to the Chernobyl Nuclear Power Plant.[22]

Surrounding population

The Nuclear Regulatory Commission defines two emergency planning zones around nuclear power plants: 1) a plume exposure pathway zone with a radius of 10 miles (16 km), concerned primarily with exposure to, and inhalation of, airborne radioactive contamination, and 2) an ingestion pathway zone of about 50 miles (80 km), concerned primarily with ingestion of food and liquid contaminated by radioactivity.[23] The average prevailing westward wind direction at San Onofre blows inland 9 months of the year.[24]

The 2010 U.S. population within 10 miles (16 km) of San Onofre was 92,687, an increase of 50.0 percent in a decade, according to an analysis of U.S. Census data for msnbc.com. The 2010 U.S. population within 50 miles (80 km) was 8,460,508, an increase of 14.9 percent since 2000.[25] Three of the cities within 20 miles of the the facility are San Clamente and Laguna Beach in Orange County and Oceanside in San Diego County.[26][27] San Diego is 45 miles south of the facility, and Los Angeles is 60 miles north of the facility.[28]

See also

References

  1. ^ “Construction of San Onofre Nuclear Generating Station”. Los Angeles Times. 16 June 2012. Retrieved 7 August 2012.
  2. ^ Rob Davis (28 July 2012). “The Trouble With the San Onofre Nuclear Plant”. Voice of San Diego. Retrieved 7 August 2012.
  3. ^ “San Onofre Nuclear Generating Station (SONGS)”. Edison International. Retrieved 7 August 2012.
  4. ^ Professor Dennis Silverman (12 April 2012). “Cost and Area of Replacing San Onofre Nuclear Energy by Solar Photovoltaics”. Energy Blog. University of California, Irvine. Retrieved 7 August 2012.
  5. ^ a b Eileen O’Grady (March 21, 2012). “Grid looking at extended San Onofre nuclear outage”. Reuters.
  6. ^ Alex Dobuzinskis (Apr 7, 2012). “No timetable for restarting California nuclear plant: Jaczko”. Reuters.
  7. ^ Arnie Gundersen MSNE (March 27, 2012). “Steam Generator Failures at San Onofre”. Fairewinds Associates, Burlington, Vermont, USA.
  8. ^ Eric Wolff (11 May 2012). “http://www.nctimes.com/blogsnew/business/energy/energy-huntington-beach-power-plant-helps-fuel-region-s-electric/article_3f58c15b-2aa2-5fe2-b817-198d8d6db647.html”. North County Times. Retrieved 7 August 2012.
  9. ^ “H.B. Generators”. Huntington Beach Wave. Associated Press: p. 3. May 18, 2012. Retrieved May 18, 2012.
  10. ^ a b Associated Press (31 August 2012). “Bill for damaged San Onofre nuclear power plant in California hits $165 million, and counting”. Washington Post. Retrieved 7 August 2012.
  11. ^ “The Master Builders from Bechtel”. Time. July 12, 1982.
  12. ^ a b Onell R. Soto (April 28, 2011). “Anti-nuclear protest planned at NRC meeting”. SignOnSanDiego.
  13. ^ Catherine Saillant (14 March 2011). “San Onofre nuclear plant can withstand up to 7.0 quake, is protected by a 25-foot tsunami wall, Edison says”. Los Angeles Times. Retrieved 11 August 2012.
  14. ^ Christopher Helman (14 March 2012). “Could San Diego’s Oceanside Nuke Plant Survive A Tsunami?”. Forbes. Retrieved 11 August 2012.
  15. ^ Bill Dedman, “What are the odds? US nuke plants ranked by quake risk,” msnbc.com, March 17, 2011 http://www.msnbc.msn.com/id/42103936/ Accessed April 19, 2011.
  16. ^ http://msnbcmedia.msn.com/i/msnbc/Sections/NEWS/quake%20nrc%20risk%20estimates.pdf
  17. ^ “State to power plants: stop sucking in seawater”. The Orange County Register.
  18. ^ “Construction of San Onofre Nuclear Generating Station”. Los Angeles Times. 16 June 2012. Retrieved 7 August 2012.
  19. ^ Williams, Eesha. Wikipedia distorts nuclear history Valley Post, May 1, 2008.
  20. ^ Jameson Steed (March 12, 2012). “Anti nuclear groups protest San Onofre”. Daily Titan.
  21. ^ “Protesters ask Edison to decommission San Onofre nuclear plant”. LA Times. May 23, 2012.
  22. ^ Corporate Enclaves, p.33, Catalyst Game Labs 2007
  23. ^ http://www.nrc.gov/reading-rm/doc-collections/fact-sheets/emerg-plan-prep-nuc-power-bg.html
  24. ^ http://www.wrcc.dri.edu/cgi-bin/clilcd.pl?ca23188
  25. ^ Bill Dedman, Nuclear neighbors: Population rises near US reactors, msnbc.com, April 14, 2011 http://www.msnbc.msn.com/id/42555888/ns/us_news-life/ Accessed May 1, 2011.
  26. ^ Rick Rojas (30 March 2012). “Fear grows in O.C. cities near San Onofre nuclear plant”. Los Angeles Times. Retrieved 11 August 2012. “Officials in nearby San Clemente and Laguna Beach — both within 20 miles of the San Onofre facility — have registered their fears after significant wear was found on hundreds of tubes carrying radioactive water inside the plant’s generators.”
  27. ^ Jamie Reno (29 May 2012). “With Summer Approaching, the Heat Is On to Re-open the San Onofre Nuclear Plant”. The Daily Beast. Retrieved 11 August 2012. “Karen Garland, a married mother of two who lives in Oceanside, 17 miles south of the plant, recalls the the blackout that affected San Diego and Orange Counties last September.”
  28. ^ Tina Gerhardt (23 July 2012). “San Onofre Nuclear Generating Station to Remain Shuttered”. Washington Monthly. Retrieved 12 August 2012. “The San Onofre Nuclear Power Plant rests on the Pacific Coast 60 miles south of Los Angeles and 45 miles north of San Diego, the second and eighth largest cities in the U.S. respectively. The nuclear power plant is within 50 miles of 8.5 million people.”

External links

Source @:

http://en.wikipedia.org/wiki/San_Onofre_Nuclear_Generating_Station

Records of “Obama for America” Draft Committee (TLR Note: 1- Notice Founder DLA Piper’s Steve Churchwell 2- Roommate of CaliforniaALL 3- Later, DLA Piper Disposed of CaliforniaALL Which Relocated to More Modest Location — A UPS Store Mail Box Slot

OBAMA FOR AMERICA DRAFT COMMITTEE

Political Action Committee
Campaign Contribution Details
’08 Election Cycle

Committee Information
Name OBAMA FOR AMERICA DRAFT COMMITTEE
Connected Organization Name
Address 400 Capitol Mall Ste. 2400
Sacramento, CA  95814
Interest Group Category
Affiliated Party
Affiliated Candidate

Financial Details in the ’08 Election Cycle for
OBAMA FOR AMERICA DRAFT COMMITTEE
Through 09/30/2007

 

Source:

http://www.campaignmoney.com/political/committees/obama-for-america-draft-com…

 

CaliforniaALL / Dla Piper, please see @:

http://lesliebrodie.blog.co.uk/2012/04/16/ruthe-catolico-ashley-friend-of-chi…

 

Latest developments dealing with CaliforniaALL, Tony West, Jeff Bleich, Kamala Harris, Chris Young,  please see @:

http://lesliebrodie.blog.co.uk/2012/07/26/amid-concerns-of-cover-up-by-doj-s-…

Records of “Obama for America” Draft Committee (TLR Note: 1- Notice Founder DLA Piper’s Steve Churchwell 2- Roommate of CaliforniaALL 3- Later, DLA Piper Disposed of CaliforniaALL Which Relocated to a More Modest Location — A UPS Store Mail Box Slot in

OBAMA FOR AMERICA DRAFT COMMITTEE

Political Action Committee
Campaign Contribution Details
’08 Election Cycle

Committee Information
Name OBAMA FOR AMERICA DRAFT COMMITTEE
Connected Organization Name
Address 400 Capitol Mall Ste. 2400
Sacramento, CA  95814
Interest Group Category
Affiliated Party
Affiliated Candidate

Financial Details in the ’08 Election Cycle for
OBAMA FOR AMERICA DRAFT COMMITTEE
Through 09/30/2007

 

Source:

http://www.campaignmoney.com/political/committees/obama-for-america-draft-com…

 

CaliforniaALL / Dla Piper, please see @:

http://lesliebrodie.blog.co.uk/2012/04/16/ruthe-catolico-ashley-friend-of-chi…

 

Latest developments dealing with CaliforniaALL, Tony West, Jeff Bleich, Kamala Harris, Chris Young,  please see @:

http://lesliebrodie.blog.co.uk/2012/07/26/amid-concerns-of-cover-up-by-doj-s-…

2010 — Patti Villacorta of American Thinker: Breaking the Obama Code (TLR Note: Notice Names of DOJ’s Tony West, Steve Churchwell of DLA Piper in Sacramento — Home of Sham Non-Profit CaliforniaALL Which Was Allegedly Misused to Embezzle Funds )

The Obama Exploratory Team had formed, and the candidacy announcement was scheduled for early February. But Jude Barry, a political strategist and software programmer, wasn’t one to hedge his bets. In late December of 2006, he quietly filed paperwork and created the Obama for America Draft Committee (FEC ID #C00431130).

 

Jude Barry is one of many Howard Dean loyalists who helped Obama win the White House. Once labeled as a “self-styled Machiavellian apparatchik” by the San José political press, Barry helped develop Dean’s netroots campaign that unraveled with a scream in Iowa. Still, the political landscape had been changed forever by Barry and fellow Deaniacs including Christopher Edley, UC Berkeley Law School Dean; Patrick Gaspard, Obama’s political director; Jeremy Ben Ami, former Clinton staffer and founder of the anti-Israel J Street; and assistant attorney general Ron Weich.

 

Co-founder of Catapult Strategies with Dean campaign manager Joe Trippi, Barry became well-known in Silicon Valley political circles, where he grew up and attended Catholic school with another assistant attorney general: Tony West. West is the Bay Area lawyer recently revealed as defense attorney for American Taliban member John Walker Lindh.

 

Barry collected six $5,000 donations from 12/28/06 and 12/30/06, including one from eBay millionaire Tom Adams III. At the same time, Steven Churchwell, a partner at DLA Piper LLC’s Government Affairs Group in Sacramento, listed himself as PAC Treasurer. Churchwell’s bio states that he “assists clients through the challenging waters of California government and politics.” Areas of concentration include Ballot Measures, Internal Investigations, and PAC Regulations.

 

Obama’s courtship with the high-tech crowd had begun back in early 2005. Within weeks of his swearing-in, the new United States senator launched his Hopefund Pac and then flew west to mingle. At the time, Jude Barry was managing Obama-backer Steve Westley’s gubernatorial primary against Phil Angelides, the national chair of the Apollo Alliance. Other Apollo Board members include Dan Reicher, Google’s Director of Climate Change; Robert Redford; and Van Jones, Obama’s ex-Green Czar. Jones worked on Arianna Huffington’s brief run for governor.

 

Obama scored big. Eileen Chamberlain-Donahue, wife of eBay CEO John Donahue, took a liking to Obama. She went on to become Chairwoman of the National Women for Obama Finance Committee and won an invitation to watch his Denver speech from a luxury suite with Penny Pritzker and Oprah.

 

By November 2006 Hopefund had raised $2.5 million. Some of Obama’s early donors include the Warren Buffetts; co-founder of Espirit clothing company Susie Buell; Steven Spielberg; Attorney General Eric Holder; FCC Chair Julius Genachowski; Christina Romer, the Chair of Obama’s Council of Economic Advisers; Craig’s List CEO Craig Newmark; David Geffen; and Jon Gruber, the MIT economist criticized recently for failing to disclose HHS consultancy contracts.  

 

Edward Robinson’s piece on the fundraising scene in the wealthy Bay Area points out:

 

Venture capitalists … are struggling with an investing climate that’s the gloomiest since the bust of 2000 and ’01. In the first half of 2008, only five venture-backed companies went public … the poorest showing in five years. “Almost everybody who’s been in the Valley for any period of time is pursuing cleantech now,” says Dixon Doll. .

 

That’s where VCs see Obama coming in. In his policy proposal, the senator pledged to invest $150 billion over ten years to develop solar farms in the Sunbelt, plug-in hybrid cars that get 150 miles per gallon (64 kilometers per liter), and clean coal that doesn’t spew carbon. 

 

Obama knew that he needed California to win, and green billionaires knew that they needed Obama. A new loophole, the Unauthorized Independent Expenditure (IE), could make it happen. IEs can spend and raise unlimited money as long as there is no coordination with the candidate. An IE at its most brazen is SEIU’s Committee on Political Education (SEIU COPE), formed in order to raise $26,009,685.53 in support of Obama and $3,163,276.29 to oppose McCain.     

 

The 2008 report “Independent Expenditures: The Giant Gorilla in Campaign Finance” reveals that million-dollar contributions and multimillion-dollar expenditures are common. Californians for a Better Government (CPG), the highly controversial IE formed for the Angelides campaign, collected $10,015,643, with $8.7 million coming from one pocket: Sacramento developer Angelo Tsakopoulous and his daughter Eleni Tsakopolous-Kournalakis. Married to the President Emeritus of The Washington Monthly, Ms Tsakopolous-Kournalakis now serves as Ambassador to Hungary.

 

CPG hired Steve Churchwell as Treasurer, just as the Obama for America Draft Committee would a few months later. Churchwell landed at the center of a probe involving incorporation irregularities. The Barry/Churchwell team continues making news. Along with a cryptography and electronic signature expert, they recently unveiled Verafirma Inc., and then they filed suit requiring San Mateo Superior Court to accept electronic signatures on an initiative petition.

 

Although Angelides lost to Schwarzenegger, he received a campaign donation from Paul Pelosi (Nancy’s husband). In January 2009, Angelides delivered billions in stimulus money for Apollo’s big “new” green revolution initiative. First unveiled at a 2006 Conference co- sponsored with Bob Borosage, Angelides’ friend from Jesse Jackson’s campaign, Apollo’s green revolution-themed conference featured Kerry, Edwards, Dean, Obama, and others vowing to take the party back from the centrist DLC.

 

In May 2009, Nancy Pelosi and Harry Reid selected Angelides to chair their Financial Crisis Inquiry Commission (FCIC) tasked with investigating the cause of the 2007-2010 financial crisis. The Angelides pick prompted complaints of conflicts of interest, mainly around issues like pension funds. Strangely, Angelides’ seat on the Board of the Climate Prosperity Alliance (CPA) went unmentioned.

 

CPA describes itself as a  “global network of financiers, businesses, economic development authorities, scientists and NGO’s.” Marc Weiss, CPA Chair, served as Special Assistant to Andrew Cuomo and Henry Cisneros under Bill Clinton. CPA endorses the expansive policies of the U.N. General Assembly’s 2009 “Global Green New Deal.” CPA also advocates  $1 trillion of green investments per year in order to “re-deploy assets” and solve “worldwide financial instability.”

 

Weeks before falsified documents surfaced confirming global warming as little more than another far-left power-grab, a CPA report celebrated $1,248,740,645,930.00 invested since 2007. The monies came from finance institutes and corporations in North America, Europe, China, India, Japan and Brazil.

 

Welcome to the ethics-based global revolution. The tangle of corrupt, hypocritical liars is made far worse by the growing realization of just how badly America was duped.

Please see article @:

Meet “Obama for America” Operative Steven Churchwell of DLA Piper in Sacramento — Former Abode of CaliforniaALL (TLR Note: Churchwell may be the illusive link between Gilles Attia, Ruthe Catolico Ashley, Tony West, Jeff Bleich, CaliforniaALL)

Steve Churchwell is a partner in DLA Piper’s State Government Affairs group. Since 1982, he has assisted clients in charting a successful course through the challenging waters of California government and politics. He represents corporations, associations, Indian tribes and governmental agencies in the areas of state regulatory matters, political law, ethics and conflicts of interest and related litigation.

Mr. Churchwell defends clients against government enforcement actions, assists clients with legislative strategy, helps them obtain government contracts and grants, develops compliance programs for regulated clients and devises sound political strategies.

Source: http://www.dlapiper.com/steve_churchwell/

——————————————————————————————————

October 3, 2005 – DLA Piper Rudnick Gray Cary US LLP today announced that Steven G. Churchwell will join the firm’s Government Affairs practice group as a partner in the Sacramento office. Churchwell previously was a partner at Livingston & Mattesich.

“Steve is a leading political law and state regulatory lawyer and an expert in government conflicts of interest and ethics matters,” said Thomas O’Neil III, chair of the firm’s Government Affairs practice group. “Both his colleagues and clients will benefit from his extensive experience and he will play an important role in the further development of our Government Affairs practice in Sacramento  .”

Churchwell started his career in 1982 as a public interest litigation fellow. Following his two-year fellowship, he served as a staff counsel in the California Office of Administrative Law. He joined Nielsen, Merksamer, a leading government affairs firm in Sacramento  in 1986 where he focused on ballot propositions and campaign finance compliance matters.

In 1989, Steve was appointed Chief Counsel for the Cal/OSHA Appeals Board where he drafted appellate decisions for the Board and defended the agency in court, achieving a 12-0 litigation record. In 1993, Steve was appointed General Counsel of the California Fair Political Practices Commission where he acted as the senior legal advisor to California’s political watchdog and handled important constitutional litigation matters in state and federal courts, achieving two 7-0 decisions in the California Supreme Court. Steve joined Livingston & Mattesich in 2000, and he has grown a state-wide practice assisting associations of businesses, large corporations, Indian tribes and public agencies with ballot measures, state and federal campaign finance law compliance, ethics issues and state regulatory issues that affect businesses.

A frequent author and lecturer, Churchwell was recognized as one of the four “government law” Northern California  Super Lawyers in 2004. He received a B.A. from Vanderbilt University and a J.D. from the University of Tennessee Law School where he was Articles Editor of the Tennessee Law Review.

The Government Affairs group of DLA Piper has been called “one of the most high-powered and high-profile lobbying shops in the nation’s capital,” by the National Law Journal. Many of the attorneys and other professionals in this group have held senior elected, appointed, and staff positions in all branches of the federal government and in numerous state governments. This distinguished group includes former Senate Majority Leader George J. Mitchell, former House Majority Leaders Richard Armey and Richard Gephardt, and former Michigan governor and U.S. ambassador to Canada, Jim Blanchard.

Source:

http://www.dlapiper.com/global/media/detail.aspx?news=1984

 

Qualified Source: Demand Letter Sent by Girardi & Keese’s Thomas Girardi to DLA Piper Does Not Amount to Extortion/Attempted Extortion

See original story @:

http://lesliebrodie.blog.co.uk/2011/11/03/tom-girardi-lashes-out-at-victim-as…

 

Per the qualified source, Girardi’s demand letter did not include any threat of criminal prosecution such as in the case of Flatley v. Mauro.

“Normally, conduct of the type engaged in by Mr. Mauro falls within the protective provisions of section 425.16.  (See Briggs v. Eden Council for Hope & Opportunity, supra, 19 Cal.4th at p. 1115 [“communications preparatory to or in anticipation of the bringing of an action or other official proceeding” are protected under section 425.16]; Kashian v. Harriman, supra, 98 Cal.App.4th at p. 908 [filing a lawsuit]; Shekhter v. Financial Indemnity Co., supra, 89 Cal.App.4th at p. 153 [attorney’s use of the media is entitled to protection under section 425.16].)  The problem is that Mr. Mauro went further than threatening to file a lawsuit and then disseminate the information about the complaint to journalists.  Rather, in addition to the threatened lawsuit and media exposure, Mr. Mauro threatened criminal prosecution or publication of defamatory matter about the rape as a means of obtaining leverage in the proposed civil action if “seven figures” was not paid. “

Source @:

http://www.ilawdictionary.com/California_Law_Dictionary_Vol_0000_Ch_001_Sec_0…

 

See also California Supreme Court decision,  Footnote 16 which reads:

“We emphasize that our conclusion that Mauro’s communications constituted criminal extortion as a matter of law are based on the specific and extreme circumstances of this case.   Extortion is the threat to accuse the victim of a crime or “expose, or impute to him · any deformity, disgrace or crime” (Pen.Code, § 519) accompanied by a demand for payment to prevent the accusation, exposure, or imputation from being made.   Thus, our opinion should not be read to imply that rude, aggressive, or even belligerent prelitigation negotiations, whether verbal or written, that may include threats to file a lawsuit, report criminal behavior to authorities or publicize allegations of wrongdoing, necessarily constitute extortion.   (Philippine Export & Foreign Loan Guarantee Corp. v. Chuidian, supra, 218 Cal.App.3d at p. 1079, 267 Cal.Rptr. 457 [“a person, generally speaking, has a perfect right to prosecute a lawsuit in good faith, or to provide information to the newspapers”].)   Nor is extortion committed by an employee who threatens to report the illegal conduct of his or her employer unless the employer desists from that conduct.   In short, our discussion of what extortion as a matter of law is limited to the specific facts of this case.”

 

Source:

http://caselaw.findlaw.com/ca-supreme-court/1251110.html

 

 

Cotchett Pitre & McCarthy’s Frank Damrell and DLA Piper’s Shirli Fabbri Weiss Hereby Asked to Discuss Kerr & Wagstaffe / Cotchett Pitre & McCarthy Peculiar Arrangement in Matter of Charles Siller

Charles Siller (represented by Cotchett Pitre & McCarthy) prosecuted litigation which settled for $10 million cash and $20.5 million in property to be transferred to CWS Enterprises, Inc. (“CWS”), which Siller owns.

Later, Siller tried to renegotiate their contingent fee agreements. When Cotchett, Pitre & McCarthy declined to reduce their fees, Siller discharged them.

Pitre and Co-Counsel jointly demanded arbitration, and subsequently were awarded $9,150,437.90 and $2,497,325.07, respectively.

A state court confirmed the arbitration award and entered judgment against Siller/CWS, whereupon Siller/CWS, defiant, each sought protection under chapter 11 of the Bankruptcy Code.

Pitre and co-counsel both filed claims (“Pitre claim”). Siller in his own case, and David Flemmer (trustee for CWS) object to the Pitre Claim arguing it exceeds the “reasonable value” of the services rendered by Pitre and Co-Counsel.

Flemmer (represented by the Sacramento office of DLA Piper) invites Jim Wagstaffe of Kerr & Wagstaffe to testify as an expert witness as to the “reasonable value” of the services rendered by Cotchett Pitre & McCarthy.

Jim Wagstaffe of Kerr Wagstaffe is also Cotchett Pitre & McCarthy’s co-counsel in an ongoing separate matter in San Mateo.

Discuss.

(Answers should include references to both the California Rules of Professional Conduct and the ABA Model Rules of Professional Conduct)

Please observe that, rather than contacting Damrell and Weiss directly, the query is being delivered publicly, here and now.

Any reply, if any, can be deliverered to lesliebrodie@gmx.com

Related stories @:

http://lesliebrodie.blog.co.uk/2011/12/05/kerr-wagstaffe-s-jim-wagstaffe-pecu…

And @:

http://lesliebrodie.blog.co.uk/2011/12/05/kerr-wagstaffe-s-jim-wagstaffe-pecu…

 

DLA Piper’s Shirli Fabbri Weiss Avers Arnold & Porter’s Jerome Falk (Formerly of Howard Rice) is a Man of “Impeccable Integrity” (TLR Note: 1-Propoganda by DLA Piper Which Housed CaliforniaALL 2-Weiss Ignores Falk’s Actions Re In Re Girardi)

Ms Shirli Fabbri Weiss

Kerr & Wagstaffe / Cotchett Pitre & McCarthy Peculiar Arrangement in Matter of Charles Siller — Part 2: Hell Hath No Fury like a Stiffed Cotchett

In Part 1, we discussed the ongoing bankruptcy proceedings involving CWS and owner Charles Siller (“Siller”), former clients of Burlingame-based Cotchett Pitre & McCarthy (“Cotchett”).

After Siller unsuccessfully sought to renegotiate the amount of fees owed to Cotchett, Cotchett commenced legal proceedings against Siller and obtained a judgment. Siller, defiant, filed for bankruptcy. Cotchett, also defiant, continues to pursue Siller in bankruptcy court.

Presently, Siller is asking the bankruptcy court – through a trustee represented by DLA Piper in Sacramento – to essentially renegotiate the fees by examining the “reasonable value” of the benefits obtained from Cotchett. Presumably, the parties are operating under the assumption that the determined reasonable value will not exceed the original amount.

As an aside, DLA Piper’s Sacramento offices housed non-profit CaliforniaALL, the entity that obtained the sub rosa $780,000 contribution from the California Bar Foundation.

In yet another strange twist, Jim Wagstaffe of Kerr Wagstaffe – Cotchett’s co-counsel in an ongoing separate matter in San Mateo – has been selected to offer expert testimony as to the reasonable value of Cotchett’s services to Siller. 

Hell Hath No Fury Like a Stiffed Cotchett

Parties seeking representation by Cotchett, particularly in a contingency fee arrangement, had better stick to their word and their side of the agreement, and otherwise conduct themselves honorably. Shenanigans are not tolerated.

Mr. Joe cotchett
Mr Joseph Cotchett of Burlingame-based Cotchett Pitre & McCarthy (Image:courtesy photo)

At least based on our observation, Cotchett is not a corporate firm that will pretend to crunch the numbers and offer discounts or send an unpaid bill to a collection agency that might offer a client a “deal”, say 30 cents on the dollar.

The way the firm sees things, the client came to it in a time of need, the firm took a risk, the firm worked hard to earn the fees and invested its own money to pay for expenses, and ultimately it delivered; so, please, do not try to disrespect the firm by not paying it what it is entitled to.

A client engaging in waggery, or otherwise trying to pull a fast one on Cotchett, is perceived as committing an act of betrayal, which is highly and deeply offensive to Cotchett’s sense of fairness, justice, and what is right and wrong in the universe.

Hence, the same efficient and fearless legal machinery that initially worked on behalf of the errant client is now ready to take that client on – and justifiably so we might add.

That having been said, we have also observed that Cotchett, at times, enters into convoluted agreements with its clients regarding the payment of attorney’s fees, which usually involve business transactions post-settlement, and otherwise prolong the attorney-client relationships as they move into adversarial business relationships.

This new arrangement between a toxic client and the orderly Cotchett provides both, for a short while longer, the needed platform to co-dependently remain in a relationship for Cotchett to right another wrong until a court writes it off.

State Bar of California / California Bar Foundation in the Mystery of Bank of America and Southern California Edison BOD Members Richard Tom and Theodore Ting — Part 2: Names Appear, Suddenly.

2011 Board of Directors


Douglas A. Winthrop, President
Howard Rice

Holly J. Fujie, Vice President
Buchalter Nemer
State Bar President (2008-2009)

Joan Kupersmith Larkin, Vice President
Seyfarth Shaw LLP

Bruce G. Iwasaki, Secretary
Lim, Ruger & Kim, LLP

David C. Grove, Treasurer
Lim, Ruger & Kim, LLP

Pacific Crest Securities

Leslie T. Hatamiya, Executive Director
California Bar Foundation

Raul Ayala
Office of the Federal Public Defender

Ronald L. Blanc
Arnold & Porter LLP

Peter R. Boutin
Keesal, Young & Logan

Frederick Brown
Gibson, Dunn & Crutcher LLP

Debora Buljat
General Dynamics NASSCO

Peter H. Carson
Bingham McCutchen LLP

Neel Chatterjee
Orrick Herrington & Sutcliffe, LLP

S. Raj Chatterjee
Morrison & Foerster LLP

Hon. Marguerite D. Downing
Superior Court of California, County of Los Angeles

Nancy L. Fineman
Cotchett, Pitre & McCarthy

John C. Fossum
Irell & Manella LLP

Martha K. Gooding

Dean Hansell
Dewey & LeBoeuf LLP

M. Ray Hartman, III
DLA Piper

William N. Hebert
Calvo Fisher & Jacob LLP
State Bar President (2010-2011)

Robert D. Infelise
Cox Castle & Nicholson LLP

Paul V. Konovalov
Latham & Watkins LLP

Justin T. Miller
BNY Mellon Wealth Management

Mark Parnes
Wilson Sonsini Goodrich & Rosati LLP

Thomas Silk
SILK NONPROFIT LAW

Dianne Baquet Smith
Sheppard, Mullin, Richter & Hampton LLP

Christy Susman
Brown-Forman Brands

Paul Tepper
Western Center on Law and Poverty

Theodore T. Ting
Bank of America

Mary Ann Todd
Munger, Tolles & Olson LLP

Richard Tom
Southern California Edison

Karen E. Walter
Rutan & Tucker, LLP

S. Nancy Whang
Manatt, Phelps & Phillips, LLP

State Bar of California / California Bar Foundation in the Mystery of Bank of America and Southern California Edison BOD Members Richard Tom and Theodore Ting — Part 1: Names Purposefully Omitted

San Francisco — January 12, 2011 — The California Bar Foundation, the statewide philanthropic organization for California’s legal community, today announced the appointment of 19 individuals to its Board of Directors. To more effectively carry out its mission of building a better justice system for all Californians, the Foundation has expanded the size of its Board to provide better representation throughout the state’s legal community and to bolster the nonprofit organization’s resource development efforts. The Board appointments include representatives from a number of the state’s leading law firms, many of whom have been leaders in championing access to justice issues and promoting diversity in the legal profession.

Twelve lawyers began serving their initial terms on the Board on January 1, 2011. They include Frederick Brown, a trial lawyer and partner-in-charge of Gibson, Dunn & Crutcher LLP’s San Francisco office; Debora Buljat, associate general counsel of General Dynamics/NASSCO; Peter H. Carson, a finance partner at Bingham McCutchen LLP, co-chair of the firm’s National Pro Bono Committee, and immediate past co-chair of the California Legal Services Trust Fund Commission; S. Raj Chatterjee, a San Francisco partner with Morrison & Foerster LLP; Nancy L. Fineman, an experienced trial lawyer with Cotchett, Pitre & McCarthy; M. Ray Hartman, III, a San Diego partner with DLA Piper specializing in environmental litigation; Robert D. Infelise, a partner with Cox, Castle & Nicholson LLP who teaches environmental law courses at U.C. Berkeley School of Law; Paul Konovalov, a litigator in Latham & Watkins LLP’s Orange County office; Dianne Baquet Smith, a partner at Sheppard, Mullin, Richter & Hampton LLP and president of the Black Women Lawyers of Angeles Foundation; Mary Ann Todd, a corporate partner at Munger, Tolles & Olson LLP in Los Angeles; Karen E. Walter, a Rutan & Tucker LLP partner and co-chair of the firm’s Unfair Competition/Class Action Defense Group; and S. Nancy Whang, a partner with Manatt, Phelps & Phillips, LLP and former member of the Los Angeles Central Area Planning Commission.

“We are grateful to the new and returning Board members who are dedicating their time, knowledge, contacts, and financial resources to help the California Bar Foundation fulfill its mission of building a better justice system for all Californians,” said Douglas A. Winthrop, incoming Board president. “With their vision, leadership, and commitment, the Foundation will continue its important role as a catalyst for innovative access to justice and legal outreach initiatives and as an important source of scholarship funds for the next generation of California’s lawyers. This well-respected and accomplished group of Board members brings a wide range of professional experience, expertise, and networks that will benefit the Foundation and enable us to effectively carry out our work.”

Continuing Board members appointed to additional two-year terms include Raul Ayala, a deputy federal public defender in Los Angeles; Ronald L. Blanc, a Los Angeles tax attorney who retired from Arnold & Porter LLP; Neel Chatterjee, an intellectual property litigation partner at Orrick, Herrington & Sutcliffe LLP; Los Angeles Superior Court Judge Marguerite D. Downing; David C. Grove, an investment banker with Needham & Company; Dean Hansell, a partner at Dewey & LeBoeuf LLP and a former member of the Los Angeles Police Commission; and Joan Kupersmith Larkin, a Seyfarth Shaw LLP partner specializing in intellectual property matters in Century City.

The Foundation also announced its 2011 officers, who were elected by the Board in late 2010. In addition to Winthrop, the new officers include Vice Presidents Holly J. Fujie and Larkin, Bruce G. Iwasaki as secretary, and Grove as treasurer.

Appointments to the Foundation’s Board of Directors are made by the State Bar of California’s Board of Governors. Information about applying for 2012-2013 terms on the Board of Directors will be posted on the Foundation’s website, www.calbarfoundation.org, in May, and the deadline for applications will be August 12, 2011.

Four in ten police officers suffering from sleep disorders which affects their performance at work

IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTI-TRUST LITIGATION – December 18, 2006 (TLR Note: Morrison & Foerster,Diane Pritchard, DLA Piper, Jeffrey Shohet, Duke, Williams, El Paso) )

IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTI-TRUST LITIGATION

471 F.Supp.2d 1076 (2006)

In re: WESTERN STATES WHOLSALE NATURAL GAS ANTI-TRUST LITIGATION

J.P. Morgan Trust Company, National Association, in its Capacity as Trustee of FLT Liquidating Trust, Plaintiff,

v.

The Williams Companies, Inc., et al., Defendants.

No. MDL 1566, Nos. 2:03-CV-01431-PMPPAL, 2:05-CV-01331-PMPPAL.

United States District Court, D. Nevada.

December 18, 2006.

Donald D. Barry, Barry Law Offices, L.L.C., Topeka, SK, Eric I. Unrein, Davis, Unrein, McCallister, Biggs & Head, L.L.C., Topeka, KS, Gary D. McCallister, Gary D. McCallister & Associates, Ltd, Chicago, IL, Isaac L. Diel, Isaac L. Diel Law Offices, Law Offices of Isaac L. Diel, Bonner Springs, KS, Thomas H. Brill, Law Office of Thomas H. Brill, Mission Hills, KS, for JP Morgan Trust Company, NA, Plaintiff.
Robert B. Wolinsky, Steven J. Routh, Hogan & Hartson, LLP, Washington, DC, Orrin L Harrison, III, Akin Gump Strauss Hauer & Feld LLP, Dallas, TX, Reginald D. Steer, Akin Gump Strauss Hauer & Feld LLP, San Francisco, CA, Mark E Haddad, Sidley Austin LLP, Los Angeles, CA, Joshua D. Lichtman, Fulbright & Jaworski, L.L.P., Los Angeles, CA, Joel B. Kleinman, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC, Jerome T. Wolf, Sonnenschein Nath & Rosenthal LLP, Kansas City, MO, Leslie H. Spiegel, Dickstein Shapiro Morin & Oshinsky, LLP, Washington, DC, Douglas R. Tribble, Pillsbury Winthrop Shaw Pittman LLP, San Diego, CA, John M. Grenfell, Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, Joseph Duffy, Morgan Lewis & Bockius, Los Angeles, CA, Diane E. Pritchard, Morrison & Foerster, San Francisco, CA, Oliver S Howard, Amelia A Fogleman, Gable & Gotwals, Mason G Patterson, Gable & Gotwals, Tulsa, OK, Joseph P. Hardy, Bullivant Houser Bailey, PC, Las Vegas, NV, James E Scarboro, Jessica Brody; Matthew Douglas, Arnold & Porter, Denver, CO, Jeffrey M. Shohet, DLA Piper Rudnick Gray Cary U.S. LLP, San Diego, CA, for AEP Energy Services, Inc., American Electric Power Company, Inc., Centerpoint Energy Inc., CMS Energy Corporation, CMS Field Services, CMS Marketing, Service & Trading Company, Coral Energy Resources, LP, Duke Energy Corporation, Duke Energy Trading & Marketing, LLC, Dynegy Marketing & Trade, e prime Inc., El Paso Corporation, El Paso Merchant Energy LP, Oneoak, Inc., Oneok Energy Marketing & Trading Company, LP, Reliant Energy Services, Reliant Energy, Inc., Western Gas Resources, Inc., Williams Companies, Inc., Williams Energy Marketing & Trading Company, Williams Merchant Services Company, Inc., Xcel Energy Inc., Defendants.

 

 

ORDER
PRO, Chief Judge.
Presently before this Court is Defendants’ Motion to Dismiss (2:05-CV-01331, Doc. # 32), filed on June 22, 2006. Plaintiff filed an Opposition (2:05-CV-01331, Doc. # 38) on August 4, 2006. Defendants filed a Reply (2:05-CV-01331, Doc. # 41) on August 18, 2006.
I. BACKGROUND
This case is one of many in consolidated Multi District Litigation arising out of the energy crisis of 2000-2001. During that time, the national energy and natural gas markets became mutually dysfunctional, and, feeding off each other spiraled into a nationwide energy crisis. Amendments to Blanket Sales Certificate, 105 F.E.R.C. ¶ 61,217, at ¶ 12, 2003 WL 22758080 (2003). The Federal Energy Regulatory Commission (“FERC”) undertook a fact finding investigation of the market crisis in which it concluded, “spot gas prices rose to extraordinary levels, facilitating the unprecedented price increase in the electricity market.” Id. FERC found the dysfunctions in the natural gas market stemmed from efforts to manipulate price indices compiled by private trade publications, including reporting of false data and wash trading.1Id.
Plaintiff originally filed this action in the District Court of Wyandotte County, Kansas. (Notice of Removal, [2:05—CV-01331, Doc. # 1] at 2.) Defendants removed the case to the United States District Court for the District of Kansas. (Id.) The Judicial Panel on Multidistrict Litigation entered a Transfer Order pursuant to 28 U.S.C. § 1407 centralizing the foregoing action in this Court for coordinated or consolidated pretrial proceedings.

In re TOYOTA MOTOR CORP. UNINTENDED ACCELERATION — Of Interest are Thomas Girardi (of In Re Girardi), Eric George (Son of Ronald George), Gilmur Murray (of Judy Johnson’s CCPF)

IN RE TOYOTA MOTOR CORP.

754 F.Supp.2d 1208 (2010)

In re TOYOTA MOTOR CORP. UNINTENDED ACCELERATION MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION
This document relates to: All personal liability/wrong death cases.
Case No. 8:10ML 02151 JVS (FMOx).
United States District Court, C.D. California.

December 9, 2010.

Andrea Bierstein, Clinton B. Fisher, Jayne Conroy, Mitchell M. Breit, Paul J. Hanly, Jr., Thomas I. Sheridan, III, Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, Michael A. London, Douglas & London, Chaim B. Book, Moskowitz Book & Walsh, LLP, Patrick J. Sheehan, Joe R. Whatley, Jr., Edith M. Kallas, Shujah A. Awan, Whatley Drake & Kallas LLC, Hunter J. Shkolnik, Reingold Valet Rheingold Shkolnik & McCartney, Anita Magdalena Jaskot, Robert Michael Brill, Law Offices of Robert M. Brill, Ted Trief, Arlene Stevens, Trief & Olk, Jeremy Nathan Nash, Jill Sharyn Abrams, Orin Robert Kurtz, Abbey Spanier Rodd & Abrams, LLP, Wendy R. Fleishman, Lieff Cabraser Heimann & Bernstein, LLP, New York, NY, Daniel H. Chang, Diversity Law Group APC, Edward Wonkyu Choi, Choi & Associates Law Offices, Gretchen M. Nelson, Kreindler & Kreindler LLP, Thomas Vincent Girardi, Girardi & Keese, Dana B. Taschner, Lanier Law Firm, Marc M. Seltzer, Ryan C. Kirkpatrick, Steven G. Sklaver, Susman Godfrey LLP, Brian R. Strange, Gretchen Carpenter, John Peter Ohanesian, Strange and Carpenter, Lionel Zevi Glancy, Michael M. Goldberg, Glancy Binkow & Goldberg LLP, Mark John Geragos, Shelley Kaufman, Tamar G. Arminak, Geragos & Geragos, Lee M. Gordon, Elaine T. Byszewski, Hagens Berman Sobol Shapiro LLP, Edward A. Woods, Eric M. George, Michael A. Bowse, Browne Woods George LLP, Joel E. Elkins, Jordan L. Lurie, Weiss and Lurie, Christopher M. Burke, Hal D. Cunningham, Scott & Scott LLP, Jerome L. Ringler, Paul Alvarez, Paul G. Szumiak, Thomas A. Kearney, Ringler Kearney Alvare, Roger A. Cerda, Alston & Bird LLP, Los Angeles, CA, David C. Wright, Jae Kook Kim, Kristy M. Arevalo, Richard D. McCune, Jr., McCune Wright LLP, Redlands, CA, Derek Yeats Brandt, Simmons Browder Gianaris Angelides & Barnerd LLC, East Alton, IL, Peter J. Cambs, Jordan Lucas Chaikin, Bonita Springs, FL, Fred R. Rosenthal, Lisa M. Hasselman, Steve W. Berman, Barbara M. Mahoney, Hagens Berman Sobol Shapiro LLP, Rachel S. Black, Susman Godfrey LLP, Seattle, WA, Behram V. Parekh, Heather Marie Peterson, Michael L. Kelly, Kirtland and Packard, El Segundo, CA, Ben Barnow, Barnow & Associates PC, Kenneth A. Wexler, Wexler Wallace LLP, Aaron J. Bryant, The Bryant Law Group, Chicago, IL, Gene J. Stonebarger, Stonebarger Law, APC, Folsom, CA, David M. Arbogast, Jeffrey K. Berns, Arbogast & Berns LLP, Woodland Hills, CA, H. Scott Leviant, Ira R. Spiro, Spiro Moss LLP, Los Angeles, CA, Mark P. Robinson, Jr., Daniel S. Robinson, Karren Schaeffer, Michelle M. West, Scot D. Wilson, Robinson Calcagnie & Robinson, James B. Hardin, Adam T. Hoover, Marc G. Reich, Reich Radcliffe & Kuttler LLP, Newport Beach, CA, Thomas Joseph O’Reardon, II, Timothy G. Blood, Blood Hurst & O’Reardon LLP, Samuel M. Ward, Stephen R. Basser, Barrack Rodos & Bacine, Alan M. Mansfield, The Consumer Law Group, Daniel J. Mulligan, Thomas A. Jenkins, Jenkins Mulligan & Gabriel LLP, Georgiy B. Lyudyno, Ronald A. Marron, Ronald A. Marron Law Offices APLC, James Robert Hail, John A. Lowther, IV, William James Doyle, II, Doyle Lowther, San Diego, CA, Daniel E. Becnel, Jr., Jennifer L. Crose, June Anne Oswald, Darryl James Becnel, Salvadore Christina, Jr., Becnel Law Firm LLC, Reserve, LA, Diane Kay Zink, Attorney at Law, Robert M. Becnel, Law Offices of Robert M. Becnel, Christopher Devon Becnel, Becnel Law Firm, LLC, Laplace, LA, Camilo Kossy Salas, III, Salas LC, Cayce Christian Peterson, Hugh Palmer Lambert, Linda Jane Nelson, Lambert & Nelson, Matthew B Moreland, Matthew B. Moreland, Attorney at Law, Lawrence J. Centola, III, Scott R. Bickford, Martzell & Bickford, Patrick J. O’Cain, McGlinchey Stafford, PLLC, Stephen J. Herman, Herman Gerel LLP, Dawn M. Barrios, Barrios Kingsdorf & Casteis, New Orleans, LA, John Francis Nevares, John F. Nevares Attorney at Law, Ricardo L. Ortiz-Colon, Fiddler, Gonzalez & Rodriguez, San Juan, PR, Lance August Harke, Harke & Clasby, John Hasan Ruiz, Joseph Lawrence McGuinness, Miami, FL, J. Andrew Meyer, Tamra Carsten Givens, Morgan & Morgan, PA, Tampa, FL, Scott W. Weinstein, Morgan & Morgan PA, Ft. Myers, FL, Andres A. Alonso, Jerrold S. Parker, Melanie H. Muhlstock, David Bruce Krangle, Great Neck, NY, Benjamin L. Bailey, Eric B. Snyder, Robert P. Lorea, Rodney Arthur Smith, Bailey & Glasser LLP, Edgar F. Heiskell, III, Edgar F. Heiskell Attorney at Law, Harry F. Bell, Jr., The Bell Law Firm, Charleston, WV, Mark S. Baumkel, Bingham Farms, MI, Gerarld J. Rodos, Jeffrey B. Gittleman, Mark R. Rosen, Leonard Barrack, Lisa M. Lamb, Barrack Rodos and Bacine, Jeffrey L. Osterwise, Jon J. Lambiras, Sherrie R. Savett, Berger & Montague PC, Larry Pitt, Larry Pitt & Associates PC, Brian J. McCormick, Jr., Sheller PC, Leonard V. Fodera, Louis Todd Silverman, Michael Phillip Lalli, Silverman & Fodera PC, Arnold Levin, Daniel C. Levin, Levin Fishbein Sedran & Berman, Philadelphia, PA, Arthur Camden Lewis, Keith M. Babcock, John S. Simmons, Lewis & Babcock LLP, Columbia, SC, Thomas J. Murray, Thomas J Murray & Associates Inc., James L. Murray, John T. Murray, Dennis E. Murray, Jr., Margaret M. Murray, Murray & Murray, Sandusky, OH, Elizabeth Joan Cabraser, Nimish R. Desai, Robert J. Nelson, Todd A. Walburg, Lieff Cabraser Heimann and Bernstein LLP, Rosemary M. Rivas, Tracy Tien, Finkelstein Thompson LLP, Derek G. Howard, Gilmur R. Murray, Brad Yamauchi, Jack W. Lee, Minami Tamaki LLP, Cadio Zirpoli, Guido Saveri, Melissa C. Shapiro, R. Alexander Saveri, Saveri & Saveri Inc., San Francisco, CA, Christopher David Stock, Robert Alan Steinberg, Stanley M. Chesley, Wilbert Benjamin Markovits, Waite Schneider Bayless & Chesley, Cincinnati, OH, James E Cecchi, Lindsey H. Taylor, Carella Byrne Bain Gilfillan Cecchi Stewart and Olstein, Roseland, NJ, Charles T. Lester, Jr., Eric C. Deters, Eric C. Deters & Associates PSC, Independence, KY, Ralph K. Phalen, Ralph K. Phalen Law PC, Jose M. Bautista, Robert C. Sullivan, Sullivan Bautista Morgan Allen & Chronic LLC, Shawn Gayland Foster, Davis, Bethune & Jones, LLC, Bradley D. Kuhlman, Chad Cameron Lucas, Kuhlman Law Firm, LLC, Kansas City, MO, W. Mark Lanier, The Lanier Law Firm, Fletcher V. Trammell, Bailey Perrin Bailey, Robert S. Safi, Susman Godfrey LLP, Edward Morgan Carstarphen, III, Ellis Carstarphen et al., Houston, TX, Donald C. Coggins, Jr., John Belton White, Jr., Harrison White Smith and Coggins, Spartanburg, SC, Mark J. Tamblyn, Neha Duggal, Wexler Wallace LLP, C. Brooks Cutter, Stuart C. Talley, Kershaw Cutter & Ratinoff, Sacramento, CA, Bruce W. Steckler, Denyse F. Clancy, Renee M. Melancon, Baron & Budd PC, Dallas, TX, Jennifer K. Berg, Baron & Budd PC, Beverly Hills, CA, Laura L. Singletary, Mary Nell Bennett, Richard Joseph Arsenault, James R. Whaley, John Randall Whaleym, Michael S. Koch, Neblett Beard & Arsenault, Alexandria, LA, John R. Climaco, Patrick G. Warner, Climaco Lefkowitz Peca Wilcox and Garofoli, Frank E. Piscitelli, Jr., Frank E. Piscitelli Co. LLPA, D. Scott Kalish, Frank E. Piscitelli Jr., James L. Deese, Cleveland, OH, Brian W. Smith, Smith & Vanture LLP, West Palm Beach, FL, Thomas D. Mauriello, Mauriello Law Firm, San Clemente, CA, W. Daniel Miles, III, Timothy R. Fiedler, Beasley Allen Crow Methvin Portis & Miles PC, Montgomery, AL, Gordon M. Fauth, Jr., Litigation Law Group, Alameda, CA, Amy M. Wilkins, Robert B. Carey, Hagens Berman Sobol Shapiro LLP, Phoenix, AZ, Leif Garrison, Carey Law Firm, Colorado Springs, CO, Jerry K. Cimmet, Jerry K. Cimmet Law Offices, San Mateo, CA, John M. Kelson, John M. Kelson Law Office, Oakland, CA, J. Gerard Stranch, IV, Joe P. Leniski, Michael G. Stewart, Steven J. Simerlein, Branstetter Stranch & Jennings PLLC, Jonathan P. Farmer, Jones Hawkins & Farmer PLC, Nashville, TN, Amanda M. Williams, Daniel E. Gustafson, Karla M. Gluek, Gustafson Gluek PLLC, Charles S Zimmerman, Zimmerman Reed PLLP, Robert K. Shelquist, Yvonne M. Flaherty, Lockridge Grindal Nauen PLLP, Minneapolis, MN, James E. Carter, James E. Carter and Associates, LLC, Savannah, GA, Jon E. Ingram, Jr., Thomas W. Tucker, Tucker Everitt Long Brewton & Lanier PC, Augusta, GA, Doris A. Kim, Mark K. Gray, Matthew L. White, Franklin Gray & White, Gary M. Weiss, Joseph Allan Cobb, Weiss & Cobb Attorneys at Law, Louisville, KY, Frank Piscitelli, Mony Financial Services, Purchase, NY, J. Burton Leblanc, IV, Baron & Budd PC, Baton Rouge, LA, Russell A. Wood, Wood Law Office, P.A., Russellville, AR, Douglas Scott Lyons, Lyons & Farrar PA, Phillip Timothy Howard, Howard & Associates PA, Tallahassee, FL, Norwood Sherman Wilner, Wilner Block PA, Jacksonville, FL, Howard Weil Rubinstein, Law Office of Howard W. Rubinstein, Aspen, CO, Bryan August Pfleeger, Ronald J. Favre, Waldon Michael Hingle, Michael Hingle & Associates, Inc., Slidell, LA, Brian Nolan Mazzola, Law Offices of Brian N. Mazzola PLLC, Beaumont, TX, Dianne M. Nast, Erin C. Burns, Roda & Nast, Lancaster, PA, William A. Riback, William Riback LLC, Haddonfield, NJ, Delana S. Sanders, Justin A. Sanders, The Sanders Law Firm, Covington, KY, Kenneth S. Canfield, Ralph I. Knowles, Robert E. Sanders, Robert E. Shields, W. Matthew Nakajima, Doffermyre, Shields, Canfield & Knowles, LLC, Atlanta, GA, David Pastor, Gilman and Pastor LLP, Patrick T. Jones, Peter J. Schneider, Cooley, Manion, Moore & Jones, PC, Howard Friedman, Law Offices of Howard Friedman, P.C., Boston, MA, Thomas E. Clary, III, Glassman Edwards Wade & Wyatt, P.C., Memphis, TN, Patricia Ann Meester, Franklin D. Azar & Associates PC, Pueblo, CO, Franklin D. Azar, Jason B. Wesoky, Nathan Axvig, Franklin D. Azar & Associates PC, Aurora, CO, Philip Burton Green, Kailua-Kona, HI, William G. Azar, Azar & Schlehofer, P.C., Anchorage, AK, Anthony Martin Urie, Shoreline, WA, Joseph W. Price, Snell & Wilmer, Costa Mesa, CA, Stacey Tjon Bossart, Solberg Stewart Miller and Tjon, Fargo, ND, Martha K. Wivell, Sheller PC, Cook, MN, Sharon L. Van Dyck, Van Dyck Law Firm, PLLC, St. Louis Park, MN, Kevin Bruce Love, Criden & Love PA, South Miami, FL, Jason Saul Remer, Remer & Georges-Pierre PLLC, North Miami, FL, Garrett D. Blanchfield Jr., Roberta A. Yard, Reinhardt Wendorf and Blanchfield, Gino F. Battisi, Foley and Mansfield PLLP, Joseph V. Neill, St. Paul, MN, Andrew E. Bederman, Greenberg and Bederman LLP, Silver Spring, MD, Benjamin F. Johns, Joseph G. Sauder, Matthew D. Schelkopf, Chimicles & Tikellis, LLP, Haverford, PA, Charles A. Fiore, Williamstown, NJ, Francis Christopher Porada, Berenbaum Weinshienk PC, Denver, CO, Ann E. Brown-Graff, Brad J. Brady, Larry D. Helvey, Matthew L. Preston, Brady & O’Shea PC, Cedar Rapids, IA, Christopher P. Welsh, Welsh Welsh Law Firm, Omaha, NE, Donald H. Slavik, Habush Habush & Rottier SC, Milwaukee, WI, Fred Sehultz, Greene, Schultz Law Firm, Bloomington, IN, William A. Cohan, William A. Cohan Law Offices, Rancho Santa Fe, CA, James C. Shah, Shepherd Finkelman Miller & Shah LLP, Media, PA, William A. Riback, William Riback LLC, Haddonfield, NJ, B. Keith Williams, James R. Stocks, Lannom & Williams, Lebanon, TN, Jud Patterson, Luxon & Patterson, Richmond, KY, Ronald Lee Burdge, Burdge Law Office, Elizabeth Ahern Wells, Dayton, OH, Lucien C. Gwin, III, Gwin, Lewis & Punches, Natchez, MS, for Plaintiffs.
Andrew B. Cooke, Flaherty Sensabaugh & Bonasso, Rebecca A. Betts, David B. Thomas, Nicholas S. Johnson, Allen Guthrie McHugh and Thomas, Elizabeth L. Taylor, Flaherty Sensabaugh & Bonasso, Charleston, WV, Anne O. Hanna, Vincent Galvin, Jr., Bowman and Brooke LLP, San Jose, CA, Craig Carpenito, Judith Anna Amorosa, Karl Geercken, Kristin Ann Meister, Matthew Carl Decker, Alston & Bird, LLP, New York, NY, Cari K. Dawson, Derin B. Dickerson, Kyle G.A. Wallace, Alston & Bird LLP, Andrew T. Bayman, King and Spalding LLP, Kara Kennedy, Scott Austin Elder, Alston & Bird, LLP, Harold E. Franklin, Jr., Atlanta, GA, Clem C. Trischler, James F. Marrion, Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Paula J. Allan, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, Daniel W. Olivas, J. Randolph Bibb, Jr., Lewis, King, Krieg & Waldrop, P.C., Donna L. Roberts, Stephen H. Price, Stites & Harbison, PLLC, Nashville, TN, Gregory A. Harrison, Andrew R. Kwiatkowski, Jeffrey P. Hinebaugh, Dinsmore & Shohl, Chad Michael Sizemore, Jason A. Golden, Kelly Maria Carbetta Scandy, Kelly C. Scandy, Kimberly Vanover Riley, Montgomery Rennie & Jonson, Cincinnati, OH, James Karl Viehman, Hartline Dacus et al., Charles Glen Morris, Darren McCarty, Alston & Bird LLP, Dallas, TX, John D. Arya, Lisa Gilford, Rachel Aleeza Rappaport, Loeb & Loeb LLP, Roger A. Cerda, Stephanie Ann Jones, Alston & Bird LLP, James J. Yukevich, Raymond H. Hua, Alexander G. Calfo, Yukevich Calfo and Cavanaugh, Los Angeles, CA, Kathryn Ashley Meyers, Michael Ross Tein, Lewis Tein PL, Coconut Grove, FL, Mary Michelle Kranzow, William Francis Auther Bowman & Brooke LLP, Phoenix, AZ, Patrick Darrow Wilson, Edwin L. Lowther, Jr., Wright Lindsey and Jennings, Little Rock, AR, Paul J. Osowski, Nelson Mullins Riley & Scarborough, LLP, Charlotte, NC, Ross W. Johnson, Faegre & Benson LLP, Des Moines, IA, Steven A. McKelvey, William H. Latham, Nelson Mullins Riley & Scarborough LLP, Angela Gilbert Strickland, Pamela J. Roberts, Bowman & Brooke LLP, Columbia, SC, Todd E. Kennedy, Lionel, Sawyer & Collins, Greg W. Marsh, Law Offices of Greg W. Marsh, Todd E. Kennedy, Lionel, Sawyer & Collins, Las Vegas, NV, C. Brandon Wisoff, Douglas R. Young, Farella Braun and Martel LLP, San Francisco, CA, Bridget M. Ahmann, Demoya R. Gordon, Faegre & Benson LLP, Bard D. Borkon, Douglas L. Pfeifer, Bowman & Brooke LLP, Carrie L. Hund, Bassford Remele, PA, Minneapolis, MN, Charles A. Getto, McAnany, Van Cleave & Phillips, P.A., Holly P. Smith, Shook Hardy & Bacon LLP, Kansas City, MO, Colvin Gamble Norwood, Jr., Henri Wolbrette, III, Jose L. Barro, III, Mark N. Bodin, Patrick J. O’Cain, Lorraine Perkins Mclnnis, McGlinchey Stafford Lang, PLLC, New Orleans, LA; Dennis P. Ziemba, Edward A. Gray, Eckert Seamans Cherin & Mellott LLC, Philadelphia, PA, David L. Ayers, Todd Jefferson Hartley, Jennifer Ann Rogers, Watkins & Eager, David Lawrence Ayers, Jackson, MS, David T. Schaefer, Dinsmore & Shohl, Louisville, KY, De Martenson, Huie Fernambucq & Stewart LLP, Birmingham, AL, Joel A. Dewey, Kelly M. Marzullo, DLA Piper U.S. LLP, Baltimore, MD, Jonathan Hale Claydon, Jose A. Isasi, Jose Antonio Isasi II, Greenberg Traurig, LLP, Charles Scott Ofstein, Donohue Brown Mathewson & Smyth LLC, Gerald Geary, Pappas Hubbard O’Connor Fildes Secaras, PC, Jose Antonio Isasi, II, Greenberg Traurig, LLP, Mark Howard Boyle, Donohue Brown Mathewson & Smyth LLC, Chicago, IL, Karoline E. Jackson, Michael Rosiello, T. Joseph Wendt, Barnes & Thornburg LLP, Nicholas C. Pappas, Richelle M. Harris, Frost Brown Todd LLC, India-napolis IN, Lee A. Rosenthal, Dinsmore & Shohl, Lexington, KY, Ricardo L. Ortiz-Colon, Roberto A. Camara-Fuertes, Fiddler, Gonzalez & Rodriguez, San Juan, PR, Sarah C. McBride, Lewis, King, Krieg & Waldrop, P.C., Knoxville, TN, David J. Williams, Stoel Rives, Salt Lake City, UT, John A.K. Grunert, James M. Campbell, Campbell, Campbell, Edwards & Conroy, P.C., Boston, MA, John W. Knottnerus, Philip A. Rush, Martin Bischoff Templeton Langslet & Hoffman, Portland, OR, Regina M. Rodriguez, Faegre & Benson, LLP, Denver, CO, Robert L. Blank, Jared Smith, Rumberger, Kirk & Caldwell, PA, Tampa, FL, Steven Robert Kramer, Eckert, Seamans, Cherin & Mellott LLC, White Plains, NY, Thomas P. Branigan, Bowman & Brooke, Troy, MI, B. Timothy Durick, Pearce & Duriek, Bismarck, ND, Bruce S. Terlep, David J. Riski, Swanson, Martin & Bell, LLP, Lisle, IL, Gene R. Ward, Demars Hornblower Manning & Ward, Corpus Christi, TX, John B. Thorsness, Clapp, Peterson, Van Flein, Tiemessen & Thorsness, LLC, Anchorage, AK, Jon Barry Waldorf, Mark W. Skanes, The Rose Law Firm, PLLC, Albany, NY, Julian G. Senior, O’Hagan Spencer, LLP, Manhattan Beach, CA, Nicholas Thomas Moraites, William Dean Ledoux, Jr., Eckert Seamans Cherin & Mellott LLC, Washington, DC, Sheree A. Kon-Herrera, Fukunaga Matayoshi Hershey Ching & Kop, Honolulu, HI, Tracy M. Jenks, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, NM, William E. Schaefer, Law Office of John P. Hendrzak, Center Valley, PA, for Defendants.

Sempra/El Paso Antitrust Litigation — of interest are: DLA Piper’s Jeffrey Shohet (DLA Piper — Abode of CaliforniaALL),Walter Lack (of In Re Girardi) and Nancy Fineman (of Cal Bar Foundation)

IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTI. – December 19, 2005.

IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTI.

408 F.Supp.2d 1055 (2005)

In re: WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION,

And All Related Cases.

Fairhaven Power Company, Plaintiff,

v.

Encana Corporation, et. al., Defendants.

Abelman Art Glass, On Behalf of Itself and All Others Similarly Situated, Plaintiff,

v.

Encana Corporation et. al., Defendants.

Utility Savings & Refund Services, et al., Plaintiffs,

v.

Reliant Energy Services, Inc., et al., Defendants.

No. MDL 1566, Nos. S-1431-PMP PAL, S-05-0243-PMP PAL, S-05-0437-PMP PAL, S-05-0110-PMP PAL.

United States District Court, D. Nevada.

December 19, 2005.

Craig C. Corbitt, Zelle Hofmann Voelbel Mason & Gette, LLP, Francis O. Scarpulla, Francis O Scarpulla, Law Office of, San Francisco, CA, J. Bruce Alverson, Alverson Taylor Mortensen, et al, Las Vegas, Josef D. Cooper, Cooper & Kirkham, PC, Michael P. Lehmann, Furth Firm, LLP, San Francisco, CA, Nathan Reinmiller, Alverson Taylor Mortensen, et al, Las Vegas, William T. Needham, Janssen Malloy Needham, et al, Eureka, CA, for Fairhaven Power Co., Plaintiff.
William H. Johnson, Hogan & Hartson, Washington, DC, John L. Hendricks, Akin Gump Strauss Hauer & Feld, Dallas, TX, Heather R. Skinazi, Sidley Austin Brown & Wood, LLP, Joshua D. Lichtman, Fulbright & Jaworski, Los Angeles, CA, Joel B. Kleinman, Dickstein, Shapiro, Morin & Oshinsky, Washington, DC, Michael J. Kass, Pillsbury Winthrop, Diane E. Pritchard, Morrison & Foerster, San Francisco, CA, Robert A. Sacks, Sullivan & Cromwell, Los Angeles, CA, Mark R. Robeck, Baker Botts, LLP, Houston, TX, Richard P. Levy, Gibson Dunn & Crutcher, Alan Z. Yudkowsky, Stroock Stroock & Lavan, Los Angeles, CA, Stanley J. Panikowski, DLA Piper Rudnick Gray Cary U.S. LLP, San Diego, CA, David T. Peterson, Morgan Lewis & Bockius LLP, Los Angeles, CA, for AEP Energy Services, Inc., American Electric Power Service Corporation, Centerpoint Energy Inc., CMS Energy Corporation, Coral Energy Resources, LP, Duke Energy Corporation, Duke Energy Trading & Marketing, LLC, Dynegy Holding Co., Inc., El Paso Corporation, Encana Corporation, Reliant Energy Services, Reliant Resources, Inc, Sempra Energy Corp., Sempra Energy Trading Corp., WD Energy Services, Inc., West Coast Power LLC, Williams Companies, Inc., Xcel Energy Inc., Defendants.

 

 

ORDER
PRO, Chief Judge.
I. BACKGROUND
This case arises out of the 2000-2001 California energy crisis. During that time, the California energy and natural gas markets became mutually dysfunctional, and, feeding off each other spiraled into a state-wide energy crisis. Amendments to Blanket Sales Certificates, 68 Fed.Reg. 66323, 66325 (Nov. 17, 2003) (to be codified at 18 C.F.R. § 284.288) (“Order 644”). The Federal Energy Regulatory Commission (“FERC”) undertook a fact finding investigation of the market crisis in which it concluded, “[S]pot gas prices rose to extraordinary levels, facilitating the unprecedented price increase in the electricity market.” Id. FERC concluded the dysfunctions in the natural gas market stemmed from efforts to manipulate price indices compiled by private trade publications, including reporting of false data and wash trading.1

Nos. 05-55367, 05-55369. – WAH CHANG TDY v. DUKE ENERGY TRADING AND MARKETING LLC – US 9th Circuit

 

WAH CHANG TDY v. DUKE ENERGY TRADING AND MARKETING LLC

WAH CHANG, a division of TDY Industries, Inc., a California corporation, Plaintiff-Appellant, v. DUKE ENERGY TRADING AND MARKETING, LLC, a Delaware limited liability company;  Reliant Energy Services Inc., a Delaware corporation;  Transalta Energy Marketing (California), Inc., a Delaware corporation, Defendants-Appellees.

Wah Chang, a division of TDY Industries, Inc., a California corporation, Plaintiff-Appellant, v. Avista Corporation, a Washington corporation;  Avista Energy, INC., a Washington corporation;  Avista Power LLC, a Washington limited liability company;  Dynegy Power Marketing, Inc., a Texas corporation;  El Paso Electric Company, a Texas corporation;  IDACORP Inc., an Idaho corporation;  Idaho Power Company, an Idaho corporation;  IDACORP Energy, L.P., a Delaware limited partnership;  Portland General Electric Company, an Oregon corporation;  Powerex Corporation, a British Columbia corporation;  Puget Energy, Inc., a Washington corporation;  Puget Sound Energy, Inc., a Washington corporation;  Sempra Energy, a California corporation;  Sempra Energy Resources, a California corporation;  Sempra Energy Trading, a Delaware corporation;  Williams Power Company Inc., a Delaware corporation, Defendants-Appellees.

Nos. 05-55367, 05-55369.

Argued and Submitted April 10, 2007. — November 20, 2007

Before:  HARRY PREGERSON, FERDINAND F. FERNANDEZ and PAMELA ANN RYMER, Circuit Judges.

Edward A. Finklea, Cable Huston Benedict Haagensen & Lloyd, LLP, Portland, OR;  Richard H. Williams, Lane Powell PC, Portland, OR, for the plaintiff-appellant.Gordon P. Erspamer, Morrison & Foerster LLP, Walnut Creek, CA, for defendants-appellees Transalta Energy Marketing (U.S.), Inc., Transalta Energy Marketing (California), Inc., IDACORP, Inc., Idaho Power Company, and IDACORP Energy L.P.;  David M. Jacobson, Dorsey & Whitney LLP, Seattle, WA, for defendants-appellees Avista Corporation, Avista Energy, Inc., and Avista Power, LLC;  Joel B. Kleinman, Dickstein, Shapiro, Morin & Oshinsky, Washington, DC, for defendant-appellee Duke Energy Trading and Marketing, L.L.C.;   Michael J. Kass, Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for defendant-appellee Dynegy Power Marketing, Inc.;  Kenneth R. Heitz, Irell & Manella LLP, Los Angeles, CA, for defendant-appellee El Paso Electric Company;  Steven M. Wilker, Tonkon Torp, LLP, Portland, OR, for defendant-appellee Portland General Electric Company;  Andrew M. Edison, Bracewell & Giuliani, LLP, Houston, TX, for defendant-appellee Powerex Corp.;  Thomas L. Boeder, Perkins Coie, LLP, Seattle, WA, for defendants-appellees Puget Energy, Inc. and Puget Sound Energy, Inc.;  Terry J. Houlihan, Bingham McCutchen, San Francisco, CA, for defendant-appellee Reliant Energy Services, Inc.;   Michael J. Weaver, Latham & Watkins, LLP, San Diego, CA, for defendants-appellees Sempra Energy, Sempra Energy Resources, and Sempra Energy Trading Corp.;  Jeffrey M. Shohet, DLA Piper Rudnick Gray Cary U.S. LLP, San Diego, CA, for defendant-appellee Williams Power Company Inc.

Wah Chang, a division of TDY Industries, Inc., a California corporation, appeals the district court’s dismissal of its actions against Duke Energy Trading and Marketing, L.L.C., Avista Corporation, and a multitude of other companies (all hereafter referred to as the Energy Companies).   Wah Chang, whose complaints arise out of the energy crisis of 2000-2001, seeks to recover damages because of the difference between the rate it was actually charged for electricity, which was a retail rate based upon the wholesale rate, and the rate that it claims a fair rate would have been were it not for manipulation of the market by the Energy Companies and others.   Like the actions of those who have come before it, Wah Chang’s actions must fail.   We affirm.

BACKGROUND

As pled by Wah Chang,1 it purchased electricity for its plant in Oregon at retail from PacifiCorp, a purchaser of electricity in the wholesale spot market.   Under its purchase contract, Wah Chang’s rates were indexed to the wholesale spot market price at the California-Oregon border so that price changes in that market were passed on to Wah Chang.

During the 2000-2001 energy crisis, the wholesale price of electricity increased substantially,2 and so too did Wah Chang’s costs.   It asserts that the reason for the change was rates that were artificially increased by the Energy Companies through their anticompetitive and fraudulent manipulation of the wholesale markets, which affected customers, like Wah Chang, who purchased power in the Pacific Northwest market.   Of course, the rates in question were, as a matter of law, a result of tariffs approved by the Federal Energy Regulatory Commission under its market-based rate setting approach.   We have described the nature of that approach in our prior forays into this territory.   See, e.g., Pub. Util. Dist. No. 1 of Snohomish County v. Dynegy Power Mktg., 384 F.3d 756, 760-61 (9th Cir.2004);  Lockyer, 383 F.3d at 1012-13.   Suffice it to say that its legal effect is the same as the effect of any other tariff set by FERC. See, e.g., Snohomish County, 384 F.3d at 761;  Pub. Util. Dist. No. 1 of Grays Harbor County Wash. v. IDACORP Inc., 379 F.3d 641, 650-52 (9th Cir.2004);  Dynegy, 375 F.3d at 852-53.   Because of that, the district court dismissed these actions.   Wah Chang appealed.

JURISDICTION AND STANDARD OF REVIEW

We have jurisdiction pursuant to 28 U.S.C. § 1291.

We review a district court’s decision to dismiss a complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1) de novo.   See Assoc. of Am. Med. Colls. v. United States, 217 F.3d 770, 778-79 (9th Cir.2000).

DISCUSSION

While the problems arising out of the 2000-2001 energy crisis were serious and even scandalous, we have often discussed them at length.   Moreover, we have analyzed the market-based approach and have, effectively, said that the claims of those who have come before us must be presented to FERC. Thus, we have turned away purchasers of electricity when they have attempted to bring a direct federal rate action against sellers in the position of the Energy Companies.   See Grays Harbor, 379 F.3d at 646-52;  Dynegy, 375 F.3d at 849-53.   We have done so on the basis of a number of doctrines, including the filed rate doctrine.

That doctrine is a form of deference and preemption, which precludes interference with the rate setting authority of an administrative agency, like FERC. See Dynegy, 375 F.3d at 852-53. It is a far reaching doctrine.   As we have explained:

At its most basic, the filed rate doctrine provides that state law, and some federal law (e.g. antitrust law), may not be used to invalidate a filed rate nor to assume a rate would be charged other than the rate adopted by the federal agency in question.   The doctrine applies to rates charged by railroads, natural gas companies, and other interstate operators over whom federal agencies have exclusive power to set rates.   More relevant here, the Supreme Court has extended the doctrine to the Federal Power Act and to electricity rates.

As further developed, the filed rate doctrine has prohibited not just a state court (or a federal court applying state law) from setting a rate different from that chosen by FERC, but also from assuming a hypothetical rate different from that actually set by FERC.

Transmission Agency of N. Cal. v. Sierra Pac. Power Co., 295 F.3d 918, 929-30 (9th Cir.2002) (TANC ) (citations omitted);  see also Ark. La. Gas Co. v. Hall, 453 U.S. 571, 578-579, 101 S.Ct. 2925, 2931, 69 L.Ed.2d 856 (1981) (speculation on what Commission “might have done” is prohibited).   And, as we have explained, the doctrine applies to the market-based tariffs and rates in question here, even if they were not set in the traditional way.   See Snohomish County, 384 F.3d at 761;  Lockyer, 383 F.3d at 1012-13;  Grays Harbor, 379 F.3d at 650-51;  Dynegy, 375 F.3d at 852-53.

The filed rate doctrine’s fortification against direct attack is impenetrable.   It turns away both federal and state antitrust actions; 3  it turns away Racketeer Influenced and Corrupt Organization Act actions; 4  it turns away state tort actions; 5  and it even turns away state attempts to assert sovereign power to commandeer power contracts.6  In short, it turns away attempts like Wah Chang’s, which necessarily hinge on a claim that the FERC approved rate was too high and would, therefore, undermine FERC’s tariff authority through the medium of direct court actions against the Energy Companies.7

But, argues Wah Chang, its actions differ from others we have considered because it did not directly purchase wholesale power.   Rather, it was a retail customer.   That is an asthenic distinction at best.   If we do not have a retail customer’s case on all fours with this one, we do have a case standing on three legs, with the fourth just a millimeter off the ground.   We have considered a situation where direct retail (residential and commercial) customers of a utility sued it and its FERC regulated pipeline subsidiary for alleged antitrust violations.  County of Stanislaus, 114 F.3d at 860.   We determined that all of the customers’ claims challenged “a rate that a federal agency [FERC] has reviewed and filed.”  Id. at 866.   The claims were, therefore, barred by the filed rate doctrine.  Id. at 867.   Wah Chang’s claims amount to the same thing.   Try as it may, Wah Chang cannot avoid the fact that it seeks what amounts to having the courts determine what rates the Energy Companies should have charged instead of the rates they did charge.   Wah Chang would inevitably drag the courts into a determination of what rate would be fair and proper.   That is precisely what Wah Chang cannot do.   See TANC, 295 F.3d at 930 (holding that courts can neither set a rate different from that set by FERC nor assume a different hypothetical rate).

Wah Chang attempts to reinforce its faltering attack on the filed rate fortress by rushing in snippets from various opinions, but those troops are not up to the task assigned to them.   For example, Wah Chang points to the exception for antitrust actions by competitors,8 but ignores the fact that we have not extended that exception to a third-party customer,9 which it admits it is. And, Wah Chang argues, the doctrine was originally designed to prevent price discrimination among customers,10 which it perceives no danger of here, but, even if its own perception is not obscured, it ignores the fact that an exceedingly strong prop for the doctrine is preservation of the exclusive role of the regulatory agencies.11  Wah Chang’s actions would undermine that role.   Still, Wah Chang says, it will not have a separate right of action for damages if it does not have this one,12 but lack of a damage remedy is not determinative.13  We will not speculate about other possible remedies against (or involving) those from whom Wah Chang actually purchased electricity.

Wah Chang does point to a case allowing relief where sham protests were filed with an agency in order to delay rate requests by the plaintiff,14 but neither the rates ultimately adopted by the agency nor its own procedures were in question.15  That case avails Wah Chang nothing;  it is far removed from the rate claims made here.

Finally, Wah Chang ululates about FERC’s lax oversight, but laxness does not indicate, much less establish, that Wah Chang can turn directly to the courts for rate relief.   See Square D, 476 U.S. at 422, 106 S.Ct. at 1929-30;  Lockyer, 383 F.3d at 1016.   To permit it to do so would make the vices suppressed by the filed rate doctrine recrudescent.

In fine, none of these added points overcomes, or even seriously undermines, the fact that what Wah Chang seeks against the Energy Companies is a deviation in its favor from the FERC-accepted wholesale power rates that Wah Chang, by its own hypothesis, wound up being charged with.16

CONCLUSION

There may well have been a shadow of wrongdoing brooding over the Pacific Northwest wholesale power market, but Wah Chang cannot succeed in this forum.   The filed rate doctrine bars its rate-based action,17 just as it has barred the similar actions brought by other victims of the 2000-2001 energy crisis.   Perhaps Wah Chang can hope to obtain relief for some of its alleged damages, but it cannot realize that hope in this litigation.

AFFIRMED.

These cases require us to decide whether the filed rate doctrine bars the claims of retail electricity consumers who do not directly challenge FERC’s established rates.   Because I believe we should not extend the reach of this flawed doctrine, I dissent.

The majority holds that the filed rate doctrine bars the claims of Wah Chang, a retail consumer of electricity.   The filed rate doctrine, a doctrine of agency deference, prohibits courts from invalidating FERC-established rates.   California ex rel. Lockyer v. Dynegy, Inc., 375 F.3d 831, 852-53 (9th Cir.2004).   Pursuant to this doctrine, we have required those who contest a filed rate to first bring their claims before FERC. See, e.g., Pub. Util. Dist. No. 1 of Snohomish County v. Dynegy, 384 F.3d 756, 762 (9th Cir.2004);  California ex rel. Lockyer v. FERC, 383 F.3d 1006, 1012 (9th Cir.2004).   In this case, however, the plaintiff is not directly contesting a filed rate, and it is not clear that FERC has jurisdiction to hear Wah Chang’s claims.

I.

Wah Chang, a chemical manufacturer with a plant in Oregon, contracted with PacifiCorp, its local electricity utility, to provide electricity for its plant.   Under the terms of the agreement, the price of electricity was indexed to spot market wholesale prices at the California-Oregon border, as reported by the Dow Jones California-Oregon Border Electricity Price Index (“Dow Jones COB Index”).   Wah Chang alleges that the Defendants engaged in illegal practices that artificially raised electricity prices throughout the Pacific Northwest, including at the delivery points considered by the Dow Jones COB Index.

Wah Chang did not purchase electricity from the Defendants, nor does Wah Chang challenge any filed rates.   Instead, Wah Chang alleges that (1) the Defendants’ illegal market manipulations artificially increased filed rates, (2) these filed rates influenced the Dow Jones COB Index, (3) Wah Chang’s contract with PacifiCorp tied energy prices to the Dow Jones COB Index, and thus (4) Wah Chang paid higher energy prices as a result of the Defendants’ illegal market manipulations.1

Wah Chang is not asking the court to calculate what the filed rates should have been but instead is seeking acknowledgment that the Defendants’ fraudulent actions and anti-trust market manipulations adversely affected Wah Chang’s retail contract with PacifiCorp.   Although Wah Chang alleges injury resulting from the Defendants’ actions, its claims arise out of a retail contract between Wah Chang and PacifiCorp, and not from a wholesale contract between Wah Chang and any of the Defendants.2  Thus, Wah Chang’s claims do not fall directly under the purview of the filed rate doctrine because Wah Chang is not seeking a judicial review of the validity of the filed rate, nor is Wah Chang asking the court to establish what the filed rate should have been.

II.

We have deferred to FERC cases arising out of the 2000-2001 energy crisis where the cases involved evaluation of FERC-established filed rates.   FERC’s jurisdiction in such situations is clear.   It is not clear, however, that FERC has jurisdiction over Wah Chang’s claims.

Under the Federal Power Act (“FPA”), FERC has jurisdiction over facilities engaged in “the transmission of electric energy in interstate commerce and [ ] the sale of electric energy at wholesale in interstate commerce.”  16 U.S.C. § 824(b)(1).3  However, “[r]etail sales of electricity and wholesale intrastate sales are within the exclusive jurisdiction of the States.”  Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1056 (9th Cir.2001).

Kerr & Wagstaffe’s Jim Wagstaffe Peculiar Arrangement with DLA Piper (Former Abode of CaliforniaALL) in Cotchett Pitre & McCarthy – Charles Siller Litigation Prompts Serious Concerns — Part 1: Civ Pro on My Mind

Charles Siller (represented by Frank Pitre of Cotchett, Pitre & McCarthy) prosecuted litigation which settled for $10 million cash and $20.5 million in property to be transferred to CWS Enterprises, Inc. (“CWS”), which Siller owns.

Later, Siller tried to renegotiate their contingent fee agreements. When Pitre and Co-Counsel declined to reduce their fees, Siller discharged them.

Pitre and Co-Counsel jointly demanded arbitration, and subsequently were awarded $9,150,437.90 and $2,497,325.07, respectively.

Mr Jim Wagstaffe of Kerr & Wagstaffe.  In the above, Mr Wagstaffe offers his students legal counsel on how to avoid a traffic ticket. Wagstaffe urged the students to deceive law enforcement personnel.  He stated: “Do what I do, put a CHP magazine in your car, so they think you are one of them.”

A state court confirmed the arbitration award and entered judgment against Siller/CWS, whereupon Siller/CWS, defiant, each sought protection under chapter 11 of the Bankruptcy Code.

Pitre and co-counsel both filed claims (“Pitre claim”). Siller in his own case, and David Flemmer (trustee for CWS) object to the Pitre Claim arguing it exceeds the “reasonable value” of the services rendered by Pitre and Co-Counsel.

Not so, argue Pitre and Co-Counsel. The reasonable value of the services rendered to Siller/CWS has already been adjudicated by a California court, and is therefore binding on the Bankruptcy Court pursuant to the Full Faith and Credit Clause and principles of Res Judicada and Collateral Estoppel.

Judge agrees with Siller and Flemmer, ruling that California law cannot trump the Bankruptcy Code per the Supremacy Clause.

With Civ Pro on his mind, Flemmer (represented by the Sacramento office of DLA Piper — former host of CaliforniaALL) invites James Wagstaffe to testify as an expert witness as to the “reasonable value” of the services rendered by Pitre and Co-Counsel.

See below press-release from law-firm originally known as Kause & Kerr.

Kerr Wagstaffe's James Wagstaffe RE Expert in CPM Suit

Voice of OC — Orange County’s Nonprofit Investigative News Agency — Subject of Formal Complaint (Referral) to IRS for Alleged Noncompliance with Tax Laws

As public service to the community, The Leslie Brodie Report publishes* a complaint filed with the Internal Revenue Service (“IRS”) against Orange County’s Nonprofit Investigative News Agency DBA Voice of OC, below:

Internal Revenue Service
Exempt Organizations Unit
1100 Commerce St.
Dallas, TX 75242-1198

Re: A referral for noncompliance with tax laws against exempt organization “Orange County’s Nonprofit Investigative News Agency” (dba “Voice of OC”):

PRELIMINARY STATEMENT:

In lieu of using IRS Form 13909 (Tax-Exempt Organization Referral Form), please consider this communication a formal complaint (referral) against an Orange County, California not-for-profit entity known as “Orange County Nonprofit Investigative News Agency,” which operates an online publication under the name “Voice of OC” (located at www.voiceofoc.org).

On September 1, 2011, Orange County’s Nonprofit Investigative News Agency and Voice of OC (collectively, “Voice of OC”) were duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1.) To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests within 30 days. As such, reluctantly, the undersigned makes this referral.

INTRODUCTION OF ACTORS:

1. Mr. Joe Dunn in his role as the creator of online publication “Voice of OC” – Orange County’s Nonprofit Investigative News Agency.

2. Mr. Joe Dunn in his role as Trustee of the UCI Foundation (an entity which obtained funds from a separate charitable entity known as CaliforniaALL (FEIN Number 51-0656213).

3. Mr. Joe Dunn in his role as Executive Director of the State Bar of California – an entity which also controls and maintains a foundation known as the California Bar Foundation. The California Bar Foundation very quietly transferred close to $780,000 to CaliforniaALL.

4. Mr. Joe Dunn in his role as a politician and business partner of Martha Escutia, who was involved in matters relating to utility companies operating in California.

5. Ms. Gwen Moore – a former Assembly member in the California legislature. Ms. Moore has “clout” over the CPUC and utility companies. Ms. Moore presently serves as a member of the State Bar of California Board of Governors; she has previously been the subject of an FBI sting operation.

6. Mr. Geoffrey Brown – a former commissioner with the CPUC and former board member of the California Bar Foundation. During his tenure as a board member of the California Bar Foundation, a hush-hush transfer of $780,000 was made to CaliforniaALL. Subsequent to this transfer, Mr. Brown abruptly quit his position as board member.

7. Mr. Thomas Girardi of Los Angeles-based law firm Girardi & Keese. Mr. Girardi helped Joe Dunn to establish the Voice of OC, and was a member of its board of directors. Recently, he abruptly quit that position. Mr. Girardi is a well-known donor to the Democratic Party and, in particular, to California Senator Barbara Boxer.

8. Mr. Howard Miller of Los Angeles-based law firm Girardi & Keese. Mr. Miller was a member of both the State Bar of California Board of Governors and the California Bar Foundation board of directors when the “hush-hush” transfer of $780,000 from California Bar Foundation to CaliforniaALL took place.

9. Mr. James Brosnahan of Morrison & Foerster – Mr. Brosnahan represents utility companies. He – along with Thomas Girardi – helped Mr. Joe Dunn create the Voice of OC, the subject of this complaint. Like Mr. Girardi, Mr. Brosnahan also served as member of Voice of OC’s board of directors, and recently also abruptly quit his position.

10. Ms. Susan Mac Cormac of Morrison & Foerster – Ms. Mac Cormac was part of the legal team that created the legal entity known as CaliforniaALL.

11. Mr. Victor Miramontes – a resident of San Antonio, TX and business partner of former HUD Secretary Henry Cisneros. Mr. Miramontes was the chairman of CaliforniaALL.

12. Ms. Ruthe Catolico Ashley – a former employee of McGeorge School of Law who later served as a “Diversity Officer” at CalPERS. Ms. Ashley also served as member of the State Bar of California Board of Governors, and came up with the idea to create CaliforniaALL during a meeting with Sarah Redfield and Peter Arth, Jr. (the assistant to CPUC President Michael Peevey). After CaliforniaALL came into existence, Ms. Ashley, after a simulated search, was selected to serve as CaliforniaALL’s executive director.

13. Ms. Sarah Redfield – a visiting professor at McGeorge School of Law and a member of the State Bar of California Committee. Ms. Redfield was chosen to serve as the “interim executive director” for CaliforniaALL, and later also allegedly served as a consultant to CaliforniaALL. For her services, Ms. Redfield was paid for the year of 2008 close to $160,000 as an “independent contractor.” Even though CaliforniaALL was housed pro bono at the law offices of DLA Piper in Sacramento, there is an entry on CaliforniaALL’s tax return for close to $16,000 for “occupancy.”

14. Ms. Judy Johnson – the former Executive Director of the State Bar of California. For the past 8 years, she has been secretly serving as the president of an entity with a misleading name (“California Consumer Protection Foundation”). This entity absorbed close to $30 million in class action cy pres awards, as well as fines and settlements imposed by the CPUC on utility companies. This entity forwarded those funds to mostly questionable ACORN-like entities. On its website, CCPF claims that it has available information on all grantees going back 10 years. Not so. The information is scattered and extremely difficult to ascertain. In fact, a whole year is missing (2002). During that year, incidentally, CCPF awarded funds to the real ACORN as well as to Eric Moore of Educate LA, who is presumably related to Gwen Moore. Ms. Johnson used her position as executive director of the State Bar of California (which is supposed to supervise and discipline lawyers) as “clout” to obtain cy pres awards from the settlement of class actions prosecuted and defended by countless law firms.

15. Mr. Jeffrey Bleich of Munger Tolles & Olson – presently the U.S. ambassador to Australia and a close friend of President Barack Obama. Mr. Bleich served as member of the BOG when CaliforniaALL was conceived. He is mentioned only in reference because Verizon Communications (which heavily contributed to CaliforniaALL) is a client of Munger Tules & Olson.

FACTUAL BACKGROUND:

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 at a restaurant in San Francisco. During that meeting the idea to create CaliforniaALL was conceived. 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.

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. Serving as CaliforniaALL’s legal counsel was Susan Mac Cormac of Morrison & Foerster.

California Attorney General RCT reflects that CaliforniaALL obtained its “Charity” status on March 14, 2008 (FEIN Number 510656213). The address for CaliforniaALL is listed as 400 Capitol Mall, Suite 2400, Sacramento, California. This is actually the address of DLA Piper, where CaliforniaALL resided pro bono.
In June 2008, after a “nationwide search” and aided by a pro bono head-hunting firm in its search for a permanent CEO, CaliforniaALL, not surprisingly, hired Ruthe Catolico Ashley as its chief executive officer.

Also not surprisingly, Ruthe Catolico Ashley abruptly exited CaliforniaALL in September 2009 – the same month Joe Dunn launched his non-profit online publication “Voice of OC.”

CaliforniaALL was abruptly dissolved in June 2010.

CaliforniaALL’s 990 returns for 2008 list Sarah Redfield of Orono, Maine as an “independent contractor.” Her job description is listed as “Program Director.” and she was paid $157,763. It is unknown to the undersigned whether Redfield paid self-employment taxes or any other applicable state income taxes, either in California or Maine. (Incidentally, Redfield falsely states on her resume that she was part of a “curriculum committee” with SAL-UCI, an entity associated with UCI and the UCI Foundation where CaliforniaALL forwarded funds. In addition, Redfield falsely stated that she “launched” SAL-UCI, an entity that was already in existence from 2005.)

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 from the State Bar of California Foundation.

To date, data collected by the undersigned shows that CaliforniaALL (which was supposed to forward most of those funds) transferred between $300,000 to $400,000 to the UCI Foundation (where Joe Dunn serves as trustee), spent an unknown amount to honor Gwen Moore at a lavish dinner held at a luxury hotel in Sacramento, paid for other incidental expenses such as salaries, and subsequent to moving out from the offices of DLA Piper to a more modest location , paid for a UPS Store mail box slot in Citrus Heights. (Later, CaliforniaALL relocated its base to the loft of one Larrisa Parecki in Sacramento.)

Between 2001 and 2007, Geoffrey Brown served as a Commissioner with the CPUC. From 2006 to 2009, Brown served as a director of the State Bar of California Foundation. In 2008, California Bar Foundation quietly transferred $769,247.00 to CaliforniaALL. CaliforniaALL never acknowledged receipt of the $769,247.00 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.

Several months ago, the undersigned asked the State Bar of California Board of Governors to examine the suspicious circumstances surrounding CaliforniaALL (i.e. the hush hush transfer, etc.). While simply presenting facts similar to the above, Geoffrey Brown immediately, as though bitten by a snake, threatened to file legal action against the undersigned even though the communication with the BOG was absolutely privileged and justified, and only made mention of Brown in passing.

The undersigned has met Brown casually once or twice, and was highly impressed with his modest and genteel nature. A group conversation transpired and Brown immediately, without even being asked, volunteered to help and assist. This however, can and will not serve to bar the mentioning of his name as part of the overall description of events (such as in this communication). Such tactics would be unfair to the other individuals and the proper administration of justice. Nevertheless, it should be noted that the undersigned possesses not even a scintilla of evidence that demonstrating that Brown somehow pocketed any money unlawfully or engaged in any other unlawful activities, other than the convenient circumstances described above.

Due to unsettling circumstances involving the State Bar of California (such as the highly secretive control of CCPF by Judy Johnson, the refusal of the State Bar of California to disclose amounts it transfers to Bet Tzedek, a Los Angeles-based entity, the amounts it obtains from “voluntary contributions,” and, in particular, circumstances surrounding CaliforniaALL, Joe Dunn, and the Voice of OC), the undersigned asked Voice of OC to produce its tax returns for the past 3 years.

Specifically, the following circumstances surrounding Voice of OC have caused concerns:

1. Senator Martha Escutia, Chair of the Senate Committee on Energy, Utilities and Communications (EU&C) also participated in meetings with the CPUC concerning diversity. She is a founding member of The Senators (Ret.) firm, LLP, as is Joe Dunn.

2. The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent transfer of $769,247.00 from the Cal Bar Foundation to CaliforniaALL, were also involved in assisting Joe Dunn with the creation of “Voice of OC” to wit – on one hand Morrison & Foerster’s Susan Mac Cormac as legal counsel for CaliforniaALL; Girardi & Keese’s Howard Miller in his capacity as BOD member of Cal Bar Foundation, as well as BOG members who voted to endorse CaliforniaALL and consider it to have been a partner of the State Bar of California. On the other hand Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi as part of helping Joe Dunn with the establishment of Voice of OC.

3. CaliforniaALL was to transfer funds forward. It did so by awarding approximately $300,000 in grants to the UCI Foundation, where Joe Dunn serves as trustee and chair of the Audit Committee. It appears that CaliforniaALL preselected UCI Foundation, making a prior simulated request for proposal (RFP) by Sarah Redfield that led to the grant – a sham process.

4. In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That same month, Joe Dunn publicly launched his online publication, “Voice of OC.” (as though Ashley’s mission had been completed).

5. The recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” (as though they were fleeing the scene with guilty consciences).

As such, several months ago, on September 1, 2011, the Voice of OC was duly served with a request for production of IRS Form 990, Form 990 Schedule A, and Form 1023. (See Exhibit 1 attached) Additionally, said request was delivered to Joe Dunn.

To date, this request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the Internal Revenue Service to fully comply with such requests. As such, reluctantly, the undersigned filed this complaint.

As such, I urge you to investigate this matter to determine whether Voice of OC who ignored the request to produce said tax returns violated IRS rules and regulations. I ask that you impose appropriate sanctions against any and all involved, if supported by the results of your investigation.

I look forward to your response. Please feel free to contact me if you have any questions or need additional information.

*Links and photos inserted by The Leslie Brodie Report.

Tom Girardi Lashes Out at Victim as Girardi & Keese Sued for Legal Malpractice

Demeter Energy, a start-up bio-fuel energy company, has filed a legal malpractice action claiming more than $600 million in damages against Los Angeles-based law firm Girardi & Keese and named partner Thomas Girardi.

As was first reported by Alison Frankel of ThomsonReuters:

“Demeter hired the famous Los Angeles plaintiffs’ shop Girardi Keese to bring a malpractice suit against DLA. According to Demeter’s new suit, Girardi drafted a proposed complaint asserting that DLA’s actions had damaged Demeter to the tune of $600 million. Girardi even sent the draft to DLA, allegedly with the hope of beginning settlement discussions. But when DLA refused to talk, Girardi supposedly failed to get Demeter’s malpractice suit filed before the one-year statute of limitations had expired – even though Demeter allegedly sent Girardi panicked emails about time running out.”

Eventually, once the suit was filed by Girardi & Keese against DLA Piper in the San Francisco Superior Court, a judge dismissed most of the allegations, stating that they run afoul of the statute of limitations.

Citing professional negligence on the part of Girardi & Keese, Demeter filed a legal malpractice action against that firm in Los Angeles Superior Court. Hermosa Beach-based Eric Maier of Maier & Shoch represents Demeter in the action against Girardi & Keese.

According to Alison Frankel, Mr. Girardi admitted that Demeter did not have a viable case against DLA Piper, and that Girardi only filed the complaint that was subsequently tossed out because of pressure from his client (Demeter). Ms. Frankel reports that Thomas Girardi stated: “We investigated and could find absolutely nothing this guy [the former DLA partner] did wrong.”

It is unclear whether Mr. Girardi further elaborated to Ms. Frankel about the reasons his firm nevertheless filed the suit against DLA Piper in San Francisco Superior Court if it lacked any factual basis, or whether his statements to Ms. Frankel were merely an attempt to shift blame to the victim.

Separately, and somewhat ironically, the Los Angeles Times reports that Thomas Girardi expressed outrage after an attorney for the Los Angeles Dodgers suggested Mr. Stow may be found partly to blame for the beating that left him in a coma. Mr. Girardi stated: “Oh, so here it is, let’s blame the innocent guy for the lack of security at Dodger Stadium…McCourt’s taken millions out of the Dodgers and he and his attorneys know the end is near.”

Interestingly, both Girardi & Keese and DLA Piper were subjects of our extensive coverage in connection with sham charity CaliforniaALL.

Girardi & Keese and Thomas Girardi Sued for Legal Malpractice – Law360

By Maria Chutchian

Law360, New York (October 31, 2011, 9:05 PM ET) — Demeter Energy Corp. hit former counsel Girardi Keese with a $600 million malpractice suit Friday, claiming the firm’s senior member breached his duty to the company when he failed to file a timely complaint against another law firm, DLA Piper.

The energy company argues in California court that Thomas Girardi waited until after a one-year statute of limitations to file a suit against DLA Piper, which had also served as Demeter’s counsel in the past and is also accused of legal malpractice.

Because the complaint against…

Please continue @:
http://www.law360.com/california/articles/282049/energy-co-targets-girardi-ke…

McGeorge School of Law / Dean Elizabeth Parker Under Extreme Scrutiny in Connection with Sham Charity “CaliforniaALL”

The Sacramento based McGeorge School of Law as well Dean Elizabeth Parker are 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), Visiting Professor Sarah E. Redfield,  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 housed at the Sacramento offices of DLA Piper (where Mr. Gilles Attia serves as the managing partner) and was abruptly dissolved in June of 2010.

Sources with knowledge of the investigation, speaking on condition of anonymity, maintain a red flag has been raised over the law school and its dean due to the overall circumstances surrounding Ruthe Ashley, Sarah Redfield, Robert Hawley, and Gilles Attia.  All past or present employees of the McGeorge School of Law.

“As the main wrongdoers were already identified, the inquiry is being conducted nonetheless due to the high number of actors with connection to the school,” a source stated. 

 ”Issues such as respondent superior, or whether or not some of the actors acted within the course and scope of their employment must be examined,” the source continued.

“As both McGeorge School of Law and the University of New Hempshire School of Law gained financially from the efforts and reputation of Professor Redfield, they must forfeit any gain if any unlawful conduct took place,” the source concluded.

 

 

For further reading concering CaliforniaALL, please visit:

http://tinyurl.com/68mtss3

http://tinyurl.com/3r2f3po

http://tinyurl.com/3o7mdbj

http://tinyurl.com/3onycco

McGeorge School of Law / Dean Elizabeth Parker Under Extreme Scrutiny in Connection with Sham Charity “CaliforniaALL”

The Sacramento based McGeorge School of Law as well Dean Elizabeth Parker are 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), Visiting Professor Sarah E. Redfield,  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 housed at the Sacramento offices of DLA Piper (where Mr. Gilles Attia serves as the managing partner) and was abruptly dissolved in June of 2010.

Sources with knowledge of the investigation, speaking on condition of anonymity, maintain a red flag has been raised over the law school and its dean due to the overall circumstances surrounding Ruthe Ashley, Sarah Redfield, Robert Hawley, and Gilles Attia.  All past or present employees of the McGeorge School of Law.

“As the main wrongdoers were already indetified, the inquiry is being conducted nontheless due to the high number of actors with connection to the school,” a source stated. 

 “Issues such as respondeant superior, or whether or not some of the actors acted within the course and scope of their employment must be examined,” the source continued.

“As both McGeorge School of Law and the University of New Hempshire School of Law gained financialy from the efforts and reputation of Professor Redfield, they must forfiet any gain if any unlawful conduct took place,” the source concluded.

For further reading concering CaliforniaALL, please visit:

http://lesliebrodie.blog.co.uk/2011/03/15/californiaall-part-8-unh-law-profes…

http://lesliebrodie.blog.co.uk/2011/07/23/californiaall-part-16-tlr-denies-a-…

http://lesliebrodie.blog.co.uk/2011/07/20/californiaall-part-15-ex-san-franci…

http://lesliebrodie.blog.co.uk/2011/05/18/leslie-hatamiya-california-bar-foun…

California Supreme Court Associate-Justice Ming Chin Subject of Ethics Complaint Due to Involvment with Entity which Caters Exclusively to Asian-American

A long-standing involvement with an entity which cater exclusively to Asian-American has led to a complaint being filed against California Supreme Court Associate Justice Ming W. Chin.

The ethics complaint, filed with the California Commission on Judicial Performance, alleges that Chin’s involvement with the Center for Asian Americans United for Self Empowerment (CAUSE) is prohibitive due to CAUSE’s invidious discrimination against those who are non Asian-American.

As such, the complaint alleges, Associate Justice Chin must be disciplined as “Canon 2 (C) of the Judicial Ethics Canon specifically prohibits judges from holding positions in any organization that practice invidious discrimination based on race, sex, religion, and the like.”

The complaint further alleges that the associate justice must be disciplined due to CAUSE involvement in the political-process, conduct that Chin is otherwise prohibited in engaging in pursuant to Canon 5 as well as the fact that Chin intentionally hid his involvement with CAUSE.


Associate Justice Ming W. Chin. (photo:courtesy)

The complaint alleges Associate-Justice Chin’s clandestine nature and undisclosed involvement is troubling based on the fact that James Hsu, who is CAUSE’s treasurer as well as a board member of a (now defunct) sham charitable entity known as CaliforniaALL as matters relating to CaliforniaALL would soon be considered by the California Supreme Court.

According to the complaint, several months ago, records were sought pertaining to CaliforniaALL from the California Bar Foundation as well as from the State Bar of California to no avail. As such, and based on the blatant refusal to produce these records, a petition for relief will shortly be filed with the California Supreme Court seeking an order to compel the State Bar and its Foundation to make these public records available, and without a “fortuitous discovery ” Petitioner would not have known that Justice Chin and Hsu are involved with CAUSE as to seek the recusal of Justice Chin in matters relating to CaliforniaALL.

Similarly, the complaint alludes to  a State Bar of California petition in the matter of Sander vs. State Bar of California which is currently pending before the California Supreme Court.  In that case, the State Bar seeks review of a decision that established a common law right of access to data concerning minorities which the State Bar possesses.  Hence, the complaint alleges, there is an impression that Justice Chin may exercise his power in such a way which would benefit minorities, much like his involvement with CAUSE conclusively establishes that he stands united with APIA and otherwise wishes self-improvement for APIA more so than he does for the population as a whole.

As a public service to the community, we shall publish the complaint, below:

In lieu of using a form complaint, this communication serves as an official judicial misconduct complaint against California Supreme Court Associate Justice Ming W. Chin.


Secretly, and without making his involvement public, Justice Chin has been and is involved with a questionable outfit in the role of “advisory counsel.” The organization at issue is known as the “CENTER FOR ASIAN-AMERICANS UNITED FOR SELF IMPROVEMENT” ( in short “CAUSE”), an entity designed to empower exclusively Asian-Americans in the political arena and otherwise. (See attachment 1.)
 

CAUSE defines itself as “A Community Based Organization with a Mission to Advance the Political Empowerment of the Asian Pacific Islander American Community (‘APIA’) Through Voter Registration and Education, Community Outreach and Leadership Development.”  

In practicality, however, CAUSE also serves as a lobbying group for APIA causes and, in fact, recently petitioned the California Citizens Redistricting Commission seeking modifications to various gerrymandering boundaries for Congressional, Senate, and Assembly Districts. In addition, CAUSE perpetuates job discrimination through its internship program, by which only APIA members are selected for internships in local, state, and federal government.  

However, Associate Justice Chin’s official biography, as posted on the California Supreme Court’s website, makes no mention of the fact that he is a member of CAUSE’s Advisory Council. Likewise, nowhere else on the California Supreme Court website is there any reference to the fact that Justice Chin has been advising CAUSE, nor it is possible for the public to ascertain the amount and type of legal (or otherwise) advise Justice Chin has been purveying for CAUSE, and for how long.

As will be shown below, as well as in future complaints, there is more than meets the eye here; however, to start with and only based on the above, the undersigned hereby alleges that Justice Chin violated multiple canons of judicial ethics and otherwise engaged in grave misconduct, to wit:  

1. Canon 2 (C) of the Judicial Ethics Canon specifically prohibits judges from holding positions in any organization that practice invidious discrimination based on race, sex, religion, and the like. Justice Ming clearly violated this canon and, as such, must be disciplined.  

As a Justice of the California Supreme Court, Justice Ming should strive to empower all Californians and Americans, and not just those who fit into a certain racial group (i.e., his own). By doing so through his involvement with CAUSE — an entity which caters exclusively to APIA — Justice Chin has eroded the public’s trust in the judiciary. If Justice Chin possesses an overwhelming desire to benefit his own racial group, he should relinquish his position as a California Supreme Court Justice, and join one of undoubtedly many organizations that would surely find his services useful. By aligning himself with a group of Asian-Americans who are “United” for “self improvement,” doubts exists as to the impartiality and loyalty of Justice Chin, as well as the appearance of impartiality and whether he is capable of fair and unbiased trial conduct and decisions.

There is absolutely no justifiable reason for CAUSE to not extend its services and programs to non-APIA members, other than its own capricious desire to exclude other races from receiving its benefits. Hence, CAUSE’s practices are invidious.  

While the undersigned concedes that the APIA community was subjected to animosity in the past (from all levels of government as well as discrimination by private groups and individuals), the present situation does not justify such corrective action. Generally speaking, APIA members are, on average, members of a higher income bracket than the average American, and are otherwise over-represented in professional schools and professions, which is, of course, a positive. However, for Justice Chin to lend the prestige of his office to a group whole sole existence is predicated on its racial discrimination is misconduct on his part. Hence, Justice Chin’s involvement with CAUSE and his knowing approval of invidious discrimination on the basis of race gives the appearance of impropriety, and undermines and diminishes public confidence in the integrity and impartiality of the judiciary. This is particularly true if the matters before Justice Chin involve an APIA party or a matter which would affect APIA.  

For example, a State Bar of California petition in the matter of Sander vs. State Bar of California is currently pending before the California Supreme Court. In that case, the State Bar seeks review of a decision that established a common law right of access to data concerning minorities which the State Bar possesses. Hence, there is an impression that Justice Chin may exercise his power in such a way which would benefit minorities, much like his involvement with CAUSE conclusively establishes that he stands united with APIA and otherwise wishes self-improvement for APIA more so than he does for the population as a whole.  

In contrast, if Justice Chin was instead involved with an entity dedicated solely to the preservation of ethnic or cultural values of Chinese-Americans (i.e. a historical society, library, or museum, for example), such involvement would not be at all problematic even though it would also be dedicated exclusively to APIA matters because prohibited discrimination would not be involved, and as such, no invidious discrimination would exist under such facts.  

2. One of CAUSE’s purposes is to encourage Asian-Americans to register for voting. This creates the impression that Justice Chin is involved in the political process, conduct that he is otherwise prohibited in engaging in pursuant to Canon 5. The involvement of Justice Chin — an elected official — with an entity whose purpose is to register APIA members to vote creates the impression that Justice Chin chose to be involved with CAUSE hoping those individuals who were registered to vote cast a vote in the last election in favor of him, especially if they, like him, possess the same overwhelming desire to benefit member of their own race.  

In addition, and as stated above, at times CAUSE engages in lobbying and political activities, as was the case when it sent a letter to the California Citizens Redistricting Commission . As such, CAUSE’s political activities serve as further evidence that Justice Chin has violated Canon 5 and should be disciplined.  

Moreover, Justice Chin should be disciplined for creating the impression that he practices law which, as a sitting judge, he is prohibited from doing. As stated above, Justice Chin is a member of CAUSE’s advisory council, and it is reasonable to believe that he provided legal advice to CAUSE in that capacity, even without any direct evidence of such activities.  

3. An additional act of misconduct arises from the clandestine nature and undisclosed involvement of Justice Chin with CAUSE, given that such activities are prejudicial to the administration of justice because the lack of disclosure places litigants and parties at a disadvantage. Knowing that his actions are questionable, Justice Chin intentionally,willfully, and recklessly ensured that his involvement with CAUSE does not appear on his profile listed with the California Supreme Court, a clear act of moral turpitude, dishonesty, and corruption designed to mislead and defraud Californians in general, and parties and litigants who appear before the California Supreme Court. By doing so, Justice Chin violated Canon 1, and otherwise eroded the public’s trust in the judiciary; such conduct also begs the question, which organizations is Justice Chin involved with that he has failed to disclose? Justice Chin should be disciplined for not making his involvement with CAUSE known to the public because such information should not be left for interested parties to unearth through their own efforts.  

Just in the past few years, there were countless cases before the California Supreme Court in which parties and their attorneys would have benefited from the disclosure, and potentially would have moved to disqualify Justice Chin had they been made aware of his involvement with CAUSE. Also, cases involving some of the entities which make financial contributions to CAUSE (common carriers and utility companies, for example) would have benefited from such a disclosure as, without a doubt, the common carriers and utility companies which donated to CAUSE expect something in return.

4. In addition to the above-described troubling circumstances surrounding Justice Chin’s involvement and lack of disclosure with respect to CAUSE, the following problematic factors should also be considered: 1) the enmeshment of APIA entities with the CPUC and utility companies, from which millions of dollars were extracted to benefit APIA causes; and, 2) Justice Chin’s relationship with James Hsu, who is CAUSE’s treasurer as well as a board member of a (now defunct) sham charitable entity known as CaliforniaALL.  

Note that matters relating to the CPUC, utility companies and the enmeshment with APIA entities will be the subject of a separate complaint against Justice Chin and others in connection with an entity known as the “California Consumer Protection Foundation” (“CCPF”), which has been secretly controlled for the last 7-8 years by State Bar Executive Director Emeritus Judy Johnson. CCPF obtained, with the help of Judy Johnson and the State Bar of California, close to $30 million from class action cy pres awards and settlement and fines imposed by the CPUC on utility companies. CCPF forwarded close to $25 million of those funds to minority communities such as “Philipinos for Affirmative Action,” “Little Tokyo Service Center,” the “Asian Law Caucus” and other questionable ACORN-like entities.  

Justice Chin knew of the scheme quietly perpetrated by his confederates Judy Johnson, Stewart Kwoh, Beth Jay, Holly Fujie, Geoffrey Brown, and the State Bar of California (which, not surprisingly, became an extension of the CPUC and individuals with related backgrounds, such as Gwen Moore (present member of State Bar Board of Governors ), Peter Arth (former member of the Access Council of Access and Fairness), Geoffrey Brown (former board member of the Foundation of the State Bar of California), and Joe Dunn (presently executive director of the State Bar with connections to the CPUC via his law partner, Marta Escutia).  

As relates to CaliforniaALL, a few years ago Ruthe Catolico Ashley was employed at CalPERS as a diversity officer and also served as a member of the Board of Governors of the State Bar of California. Ashley — with the direct and indirect help of Buchalter Nemer’s Holly Fujie, Girardi & Keese’s Howard Miller, and others — bamboozled the State Bar, CalPERS, the CPUC, and the Department of Insurance into endorsing the proposition known as CaliforniaALL. To further the plan, and along with her friend Ms. Sarah Redfield, Ashley convinced the State Bar of California, CPUC, Department of Insurance, and her employer (CalPERS) to enter into a partnership, the purpose of which would be to create a Section 501(c)(3) charity that Ashley would later lead as CEO and president, and that would absorb contributions from utility companies as well as serve as a vehicle to misappropriate $780,000 from the State Bar of California Foundation (dba California Bar Foundation), an entity which is under the complete control of the State Bar of California Board of Governors.  

In addition to the unlawful transfer of $780,000, the State Bar of California Board of Governors, through the productive efforts of Holly Fujie, nominated James Hsu to CaliforniaALL’s board of directors, a role in which he served from the day the entity was created to the day it was dissolved.  

Even though the transfer of the close to $780,000 from Cal Bar Foundation to CaliforniaALL was the largest ever in the Foundation’s history, it was never publicly acknowledged by CaliforniaALL 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.  

CaliforniaALL collected close to $2 million from utility companies (i.e. Verizon Wireless, Sempra, etc, including the aforementioned sub rosa transfer of $780,000 from the California Bar Foundation, and was dissolved in or about 2010. Based on present calculations, CaliforniaALL only forwarded $300,000 of the donations it received to the UCI Foundation (where Joe Dunn serves as trustee and chair of the audit committee and a trustee), and paid various expenses (i.e., a salary to Ruthe Ashley and other incidental expenses). At least based on the undersigned calculations, and estimated $700,000 – $800,000 remains unaccounted for.  

In addition, tax returns and statements made to the IRS show that CaliforniaALL claimed that in 2008 it paid rent in the amount of close to $16,000; in actuality, CaliforniaALL was housed rent-free at the Sacramento office of DLA Piper for an extended period of time.  

Circumstantial evidence concerning CaliforniaALL, as well as the involvement of the same people and entities, has caused the undersigned to entertain the suspicion that some of the money misappropriated from the California Bar Foundation ended up financing the launch of an online news magazine established by Joe Dunn known as Voice of OC. [Specifically, for the CalBar Foundation/CaliforniaALL Girardi & Keese’s Howard Miller and Morrison & Foerster’s Susan Mac Cormac (who legally created CaliforniaALL) were involved; on the side of Voice of OC were Girardi & Keese’s Thomas Girardi, Morrison & Foerster’s James Brosnahan, and the present Executive Director of the State Bar who launched the Voice of OC in September 2009 — Joe Dunn.  

Several months ago, the undersigned sought records pertaining to CaliforniaALL from the California Bar Foundation as well as from the State Bar of California to no avail. As such, and based on the blatant refusal to produce these records, a petition for relief will shortly be filed with the California Supreme Court seeking an order to compel the State Bar and its Foundation to make these public records available.  

James Hsu was a CaliforniaALL board member, as well as a past and present treasurer of CAUSE. These facts give credence to the argument that it was important for Justice Chin to have made his involvement with CAUSE public; simply stated, without the fortuitous discovery of this information, Petitioner would not have known that Justice Chin and Hsu are involved with CAUSE. Hence, discipline must be imposed on Justice Chin for failing to disclose his involvement with CAUSE in general and, more specifically, for his attempt to subvert justice as part of a grander scheme to support the transfer of millions of dollars from utility companies to APIA related causes.  

If Justice Chin were serving as a Superior Court judge, the undersigned would have asked to have him admonished or reprimanded. However, as a justice of the California Supreme Court, Justice Chin is held to a higher standard, and even a reprimand will render him morally unqualified to serve in that role. As such, if the Office of Judicial Performance imposes any discipline on Justice Chin — no matter how slight — it logically follows that Justice Chin should be removed from his position as Associate Justice of the California Supreme Court because it would be inappropriate for him to continue to serve in that capacity.  

Thank you for you time and attention to this matter.

CaliforniaALL Part 16: TLR Denies a Request by Sarah Attia to Remove Her Name from Our Publications

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Dear Ms. Attia:

We are writing to advise that we are declining your request that we remove your and your father’s names from our publications. Please observe that, rather than contacting you directly, our response is being delivered publicly, here and now.

Also, please observe that we find you, along with the assertions made in your communication, to be wholly unreliable and not credible, and otherwise an attempt to deceive, as follows:

1. You state, “either engage me in a dialogue to reveal why you would list my father and I as ‘people of interest,’ when I know this is not true, so that we at least have the opportunity to dispute your tarnishing of our reputations, and our genuine character – please take this email as a gesture of mine to remove our names from your blog.” Your allegation is false. We have never referred to you and your father as “people of interest.” The term “people of interest” does not appear and has never appeared in any of our publications, and is othrwise lacking any legal meaning.

Thus, you have intentionally misrepresented what we wrote, and knowingly relied on your own misrepresentation to claim that we have written something you claim you know “is not true.”

2. We find not credible your assertions that, “I got the job because Ruthe Ashley had been the career director at McGeorge, where I went to law school,” and “I got this contract with CalALL through McGeorge’s affiliation with Ruthe Ashley because she was a career counselor there, and my father a professor of law at McGeorge.”

As CaliforniaALL was housed at the Sacramento office of DLA Piper – where your father, Gilles Attia, serves as managing partner – we find disingenuous your claim that you obtained your contract with CaliforniaALL through the means described by you; rather, it appears you are attempting to intentionally carve out any involvement by your father in his role as the managing partner of DLA Piper –and DLA Piper –whose offices CaliforniaALL was housed. 

3. Additionally, your assertion that, “I planned a symposium at UCI with a large agenda, and I worked very hard for the job I was hired for,” is also suspect. You also worked in planning a gala to honor Gwen Moore, as shown in a press release you issued dated September 2009.  You clearly try to minimize your involvement.

Also, your claim “I graduated law school in 2009 and was hired by the organization, CaliforniaALL, that you have written about to develop a symposium for a grant they received. I only worked as an indepedent contractor with CalALL ,and for 3 months. My salary was limited to this assignment, and I got the job because Ruthe Ashley had been the career director at McGeorge, where I went to law school” is also not credible.  You were hired by CaliforniaALL at around August of 2009, issued a press release on September 1, 2009, planned and participated an event held at the Irvine Marriot on February of 2010.    That is close to 6 months, and not “3 months” as you claimed. You clearly try to minimize your involvement.

The fact of the matter is that issues relating to CaliforniaALL are of extreme importance to us, as well as our readers, because CaliforniaALL (albeit a sham charity) was the product of a partnership between four state agencies (CalPERS, CPUC, State Bar of California, and the Department of Insurance).   While we are free to write about any topic, matters relating to CaliforniaALL fall squarely within TLR’s originally-stated purpose, which is to expose corruption in connection with the “60 Days Suspension Scandal,” wherein a lawyer with a prior criminal history engaged in a pogrom in a San Francisco synagogue, yet was only suspended for 60 days due to his political connections within the Democratic party, and courtesy of Judy Johnson, Mike Nisperos, and JoAnn Remke.

As we made clear, and as has became more evident over time, as with the “60 Days Suspension Scandal,” matters relating to CaliforniaALL reflect the same pattern of operations in which some play fast and loose under the guise of diversity with matters relating to justice, while causing injury to the rights of others.

Matters relating to Gwen Moore, Mike Davis, as well as your father client, Cooper Lee and his companies, are of interest to us as they are public concerns, and we shall therefore explore those issues.

We suspect that while representing clients in the Wi-Fi-Broadband industry, DLA Piper might have needed clout with governmental entities, and either Gwen Moore or Mike Davis volunteered their services. This would explain DLA Piper’s willingness to house CaliforniaALL “pro bono,” as well yours and CaliforniaALL zeal to honor Gwen Moore, who has “clout” with the CPUC.

Also please observe that your request to remove your name is too broad a form of relief. It would have been more reasonable for you to ask us to correct or remove certain factual allegations which you could demonstrate are untrue. You did not do this, nor do you support your request by any specific factual or legal authorities. Instead, you only made a general claim that you “know” such allegations are not true.

Thank you for contacting TLR. Please direct any further communications, if any, to lesliebrodie@gmx.com.

CaliforniaALL Part 14: Ms. Sarah Attia — In Her Own Words

From left: Dr. Stephanie Reyes-Tuccio — Director of Center for Educational Partnerships at U.C. Irvine; Katherine Bihr — Vice President & Executive Director, Tiger Woods Learning Center; and Ms. Sarah Attia. The above photo was taken during a Saturday Law Academy event sponsored by CaliforniaALL. (Photo:courtesy of SALUCI)

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between 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. Also present at that meeting was Professor Sarah E. Redfield. In its brief existence from January 2008 to July 2010, CaliforniaALL collected close to $2 million from various utility companies (AT&T, PG&E, Verizon, Sempra).

In addition, in 2008 CaliforniaALL obtained a sub rosa contribution of $769,247 from the State Bar of California Foundation (dba California Bar Foundation). Other than in Foundation tax records and a 2 by 2 inch blurb in its 2008 annual report, the sub rosa contribution was never mentioned again – not by the State Bar of California, not in the Cal Bar Journal, not in the Foundation’s “newsroom,” and not by any publication published by CaliforniaALL. CaliforniaALL was abruptly dissolved in July 2010.

According to confidential sources, the multi-prong investigation regarding these matters continues to expand, and encompasses broader inquiries than had been acknowledged until now to The Leslie Brodie Report. A source maintains that one aspect of the inquiry, which had been acknowledged to The Leslie Brodie Report, involves 3 subparts:

1) Circumstances surrounding events relating to the CPUC and its enmeshment with the State Bar of California vis-à-vis Geoffrey Brown, Peter Arth, California Consumer Protection Foundation’s Judy Johnson, Verizon Wireless, UCI, and Munger Tolles & Olson’s Jeffrey Bleich.

2) Circumstances surrounding actions taken by CaliforniaALL and Ruthe Ashley – specifically, an accounting as to the whereabouts of $1.8 million.

3) Circumstances surrounding the sub rosa transfer of $769,247 from the State Bar of California Foundation to CaliforniaALL. Moreover, and according to a source who was not authorized to speak publicly about the situation, at this time of year with the deadline looming for Section 501(c)(3) entities to file IRS returns, events and transactions are monitored very closely. According to the source, transactions surrounding the UCI Foundation are being monitored.

DLA Piper’s Gilles Attia

CaliforniaALL was based in the Sacramento office of DLA Piper, 400 Capitol Mall, Suite 2400, Sacramento, California 95814. The managing partner of DLA Piper’s Sacramento Office is Mr. Gilles Attia.

California ALL DLA Piper Reception
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, member of the Assembly Committee on Utilities and Commerce, and the Chair of the California Assembly “Select Committee on Rail Transportation.” DLA Piper’s Gilles Attia is the corporate counsel of Wireless Rail Network (Wi-Fi Rail)– a high-speed broadband wireless provider with specific focus on commuter rail lines and WiFi on trains. Around 2008, Wi-Fi Rail was in negotiation with BART (Bay Area Rapid Transit) to provide lightning-fast Internet connections for thousands of daily commuters. (Photo:courtesy)

In its publication, CaliforniaALL thanked DLA Piper for providing pro bono space in its Sacramento office. Yet, CaliforniaALL’s tax return , signed by Ruthe Ashley, lists an expense of $16,457 for “occupancy” during the period CaliforniaALL was housed at DLA Piper’s offices. (See two images, below.)

 

 

Sarah Attia — In Her Own Words

Recently, Ms. Sarah Attia, a consultant for CaliforniaALL and the daughter of DLA Piper managing partner Gilles Attia, wrote to us. We shall publish the letter in its entirety, below:

Leslie, Hello,

I am an attorney who now lives in NYC, but was recently living in Sacramento, CA.

I graduated law school in 2009 and was hired by the organization, CaliforniaALL, that you have written about to develop a symposium for a grant they received. I only worked as an indepedent contractor with CalALL ,and for 3 months. My salary was limited to this assignment, and I got the job because Ruthe Ashley had been the career director at McGeorge, where I went to law school.

My dad, Gilles, is an attorney at DLA, who housed CalALL as part of their probono program for non-profits. CalALL did not pay his firm any rent, nor did my dad or anyone from DLA ever see or contribute any money to CalALL.

I am writing to you not because I have any information or defense of Ruthe Ashley. Truthfully, the allegations you make are a total surprise to me, and I have no knowledge of the organization of CalALL. I am however deeply concerned and troubled by your mention of my father and I in your blog. I say this mainly because he and I are people of integrity, who care deeply for doing the “right” thing.

I have traveled to 35 countries and worked as an international journalist in order to help issues surrounding unethical adoptions, poverty, and other ethical dilemmas. Before going to law school, I studied philosophy and taught high school in south central Los Angeles,and taught yoga. I am in the process of interviewing for my dream job in NY, where I just moved and am trying to take the bar in July, and really begin my career.

To have a blog online that taints my reputation, when I know that such an allegation of being a “person of interest,” is not accurate, is a deep injustice, and highly unethical. We live in a culture where, at the click of a mouse, people can attempt to uncover all sorts of information about others. Some of it is true, a lot of it is not.

You have written a lengthy blog disparaging many people. It is no interest of mine if you choose to post information that you know to be true, however, to post comments about people that are not true, and to which you have no information to list me or my father as such, is simply a deeply profound ethical breach, and terrible misuse of the internet.

As someone who touts being ethical and writes such information for the world to see, attempting to uncover truth, I implore you to take one of two actions: – either engage me in a dialogue to reveal why you would list my father and I as “people of interest,” when I know this is not true, so that we at least have the opportunity to dispute your tarnishing of our reputations, and our genuine character. – please take this email as a gesture of mine to remove our names from your blog so that our professional careers are not further corrupted by these unjust, and unwarranted comments.

I appreciate what you are attempting to do for society, but please realize that your words have hurt my dad and I. Whatever Ruthe Ashley did, or did not do, is of no relation to the hard work and ethical behavior of me or my dad. I got the short-term contract for very little pay, and I planned a symposium at UCI with a large agenda, and I worked very hard for the job I was hired for. I got this contract with CalALL through McGeorge’s affiliation with Ruthe Ashley because she was a career counselor there, and my father a professor of law at McGeorge.

Again, I am open to dialogue, but I am pleading withyou in the immediate future, to please remove my name from your blog, or at least to discuss with me why you have chosen to blindly diparage me when I am only at the beginning of my career – and work so hard to be a good person, and do the right things in life.

Thank you so much for your response, and integrity in this matter,

Sarah Attia

CaliforniaALL Part 13(c): Ethics Complaint Filed Against Lawrence Yee; Mark Torres-Gil; Rachel Grunberg; Judy Johnson and Holly Fujie for Alleged Misconduct in Sara Granda v. State Bar of California – The Leslie Brodie Report

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Torie and Morrison England

As was previously reported here — after Judge England filed for summary dissolution in Sacramento County Superior Court, and after Judge England and Torie L. Flournoy wed, and after Torie Flournoy-England was appointed to serve as a member of CaliforniaALL’s board of directors, and while CaliforniaALL was in existence — a lawsuit was filed in the U.S. District Court, Eastern District of California, in which the State Bar of California was named as the sole defendant. Serving on CaliforniaALL’s board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) was Torie Flournoy-England, spouse of Hon. Morrison England. State Bar of California Executive Director Judy Johnson and State Bar employee Patricia Lee as well as Judge Morrison C. England were part of CaliforniaALL’s Advisory Council. The above photo, which was published on the cover of a local magazine in Sacramento, notes that the Englands wed in May 2008. (Photo:courtesy)

CaliforniaALL

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between 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. Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL’s alleged purpose was to award grants to entities that would increase minority participation in the “pipelines” that feed into various industries, such as finance, technology, and law.

Donations to CaliforniaALL came primarily from utility companies (including AT&T, Sempra Energy, and PG&E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

Other than in Foundation tax records and a 2 by 2 inch blurb in its 2008 annual report, the sub rosa contribution was never mentioned again – not by the State Bar of California, not in the Cal Bar Journal, not in the Foundation’s “newsroom,” and not by anyone or any publication of CaliforniaALL.

CaliforniaALL was abruptly dissolved in July 2010.

Circumstances surrounding CaliforniaALL are imbued with fraud, deceit, secrecy, and prima facie evidence of criminal conduct by many of the actors involved. As was previously reported here, Leslie Hatamiya — the embattled executive director of the California Bar Foundation who colluded with Holly Fujie, Ruthe Ashley, Patricia Lee and Judy Johnson in order to maintain secrecy over the unlawful transfer of $780,00 from California Bar Foundation to CaliforniaALL — has resigned, and a search for a replacement is underway.

According to confidential sources, an ongoing multi-prong inquiry is continuing. A source maintains that one aspect of the inquiry involves a close and focused examination of the staggering circumstances surrounding the current President and Vice President of the California Bar Foundation — Howard Rice Nemerovski Canady Falk & Rabkin’s Douglas Winthrop and Buchalter Nemer’s Holly Fujie, respectively.

GRANDA V STATE BAR OF CALIFORNIA

TLR has learned from confidential sources that an ethics complaint for alleged ethical violation was filed yesterday with the State Bar of California naming Lawrence Yee, Mark Torres-Gil, Rachel Grunberg, Judy Johnson and Holly Fujie.

According to the sources, the confidential complaint alleges misconduct due to the failure of the above-named attorneys to disclose to Plaintiff Granda the nature of the close personal relationship between the State Bar of California, CaliforniaALL, Judy Johnson, Judge England and his spouse — Torrie Flournoy-England. The sources maintain the facts in the complaint are similar to those previously mentioned in the judicial misconduct complaint lodged against Judge England.

Pressed as to the nature of the allegations concerning Fujie, the sources claim that Fujie participated in all the proceedings concerning CaliforniaALL (including, oddly enough, causing the ex post facto appointment of Peter Arth to the Council of Access and Fairness to give him a chance to visit), and that she was a member of the Board of Governors’ Operation Committee and was briefed regarding Granda’s case. In addition, Fujie was aware that Judge England was presiding over the case and that he and his wife were affiliated with CaliforniaALL. In addition, Fujie authorized the expenditure of money for legal fees to oppose the suit before Judge England. Ms. Fujie also participated in multiple diversity-related events at which Judge England and his wife, Torie Flournoy-England, were present; one such even took place on January 27, 2009, when DLA Piper’s Gilles Attia and the Office of Assembly Member Mike Davis co-hosted a reception honoring CaliforniaALL at the Tsakopoulos Galleria in Sacramento.

Despite all these facts, Fujie — rather than speaking up about the obvious conflict regarding Judge England — chose to keep quiet and look the other way.

According to the sources, a similar complaint against Yee, Torres-Gil and Grunberg will also be filed with the federal court in the U.S. District Court, Eastern District of California; similarly, Mr. Benjamin Wagner, the U.S. Attorney for the District, as well as the FBI, will be asked to look into the matter and rule out any improper financial transactions involving CaliforniaALL and Judge England and his spouse which served as consideration for the dismissal of Ms. Granda’s suit, which had sought both injunctive and monetary damages.

According to the sources, while there is a very low probability that such an occurrence took place, fraudulent tax returns submitted by the Cal Bar Foundation and CaliforniaALL require a thorough audit of every transaction, down to the last penny.

CALIFORNIA ALL PART 13(a): JUDGE AND MRS. MORRISON ENGLAND; SARA GRANDA VS. STATE BAR OF CALIFORNIA

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between 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. Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL’s alleged purpose was to award grants to entities that would increase minority participation in the “pipelines” that feed into various industries, such as finance, technology, and law.

California ALL DLA Piper Reception 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, member of the Assembly Committee on Utilities and Commerce, and the Chair of the California Assembly “Select Committee on Rail Transportation.” DLA Piper’s Gilles Attia is the corporate counsel of Wireless Rail Network (Wi-Fi Rail)– a high-speed broadband wireless provider with specific focus on commuter rail lines and WiFi on trains. Around 2008, Wi-Fi Rail was in negotiation with BART (Bay Area Rapid Transit) to provide lightning-fast Internet connections for thousands of daily commuters. (Photo:courtesy)

Donations to CaliforniaALL came primarily from utility companies (including AT&T, Sempra Energy, and PG&E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

CaliforniaALL was abruptly dissolved in July 2010.

JUDGE AND MRS. MORRISON ENGLAND

U.S. District Court Judge Morrison England
Hon. Morrison C. England, born 1954 in St. Louis, Missouri, received a B.A. from University of the Pacific in 1977 and a J.D. from University of the Pacific, McGeorge School of Law, in 1983. He was in private practice in California from 1983 to 1996 and served as a judge on the Sacramento Superior Court for the State of California from 1996 to 2002. In 2002, England was appointed to serve as a federal judge for the United States District Court for the Eastern District of California, located in Sacramento, California.

Serving on the board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) were Torie Flournoy-England, the esteemed and educated spouse of a Sacramento- based federal judge, Hon. Morrison England.

Judge Morrison England, as well as then-State Bar of California Executive Director Judy Johnson and State Bar employee Patricia Lee were part of CaliforniaALL’s Advisory Council. See below.

California ALL Advisory CouncilCalifornia ALL BOD

Sara M. Granda v State Bar of California (2009 cv 02015)


Ms. Sara Granda. It is easy to imagine Sara Granda in a courtroom, questioning witnesses, challenging the opposition, and fighting for justice with the force of her large personality. A ventilator, which she needs to breathe, would hang from the back of her wheelchair. An assistant would help her flip through files, since she cannot move her hands or arms. When she approaches the bench, Ms. Granda would maneuver her chair using her tongue. “So much of what happens in the courtroom is theater,” says Ms. Granda, 29, who has lived out her own drama since she became paralyzed from the neck down at age 17. “I’m not sure how much time I will spend in court as an attorney. But I know I could do it.” (Photo and Narrative Courtesy of http://www.alldeaf.com)

In May 2009, Granda graduated from U.C. Davis School of Law and, like most of her peers, hoped to sit for the July 2009 bar exam.

California’s Department of Rehabilitation paid the $600 bar exam fee with a check, and Granda was assured that she was properly registered. However, the State Bar of California’s Office of Admission, headed by Ms. Gayle Murphy, never processed Granda’s application because the Department of Rehabilitation paid the $600 fee with a check, rather than a credit card.

The State Bar of California did not relent, and neither did Granda.


Governor Arnold Schwarzenegger (Courtesy CNN)

Local and national media expressed outrage after the situation gained publicity as a result of statements by Governor Schwarzenegger, who publicly stated: “It is outrageous that someone who has overcome so much in life is penalized by a bureaucratic error that prevents her from taking the bar exam. Government should work for the people, not against them and I’m calling on the state bar to allow Sara Granda to take next week’s test. Sara is a fighter and I am with her all the way.”

Robert Hawley

Robert A. Hawley, State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee:
“It’s a high-tech process, and people need to maneuver it successfully, and we can’t be in the business of helping any one person out with it.” Hawley continued: “That takes us down a path that ends up in a place we don’t want to be. How do you then choose which ones to help and which you don’t?”

“I worked very, very hard for every cent,” Granda stated to the local media. “So for everything to come together in the end and for it to just kind of fall through on such a minor, minor detail.”

True to her spirit, Granda filed an action in federal court seeking an order directing the State Bar of California to allow her to take the fast-approaching bar exam.

The case was assigned to the courtroom of Hon. Morrison C. England, the husband of California ALL board member Torie Flournoy-England who, together with State Bar Executive Director Judy Johnson, served on CaliforniaALL’s advisory council.

Making an appearance and vigorously contending that the federal court had no jurisdiction over the State Bar of California was Mr. Mark Torres-Gil of the State Bar office of General Counsel, the same office that drafted the partnership agreement between CaliforniaALL and the State Bar of California.

In addition to Mr. Torres-Gil, the State Bar of California also retained the services of a private law firm — Kerr & Wagstaffe.

To be continued.

CALIFORNIA ALL PART 13(a): JUDGE AND MRS. MORRISON ENGLAND; SARA GRANDA VS. STATE BAR OF CALIFORNIA

CaliforniaALL, a Section 501(c)(3) charitable entity, came about as a result of a San Francisco restaurant meeting between 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.  Also present at that meeting was Professor Sarah E. Redfield.

CaliforniaALL’s alleged purpose was to award grants to entities that would increase minority participation in the “pipelines” that feed into various industries, such as finance, technology, and law.

<img src=”http://data6.blog.de/media/201/5550201_701f880cde_m.jpeg&#8221; alt=”California ALL DLA Piper Reception” style=”margin:5px;” />
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, member of the Assembly Committee on Utilities and Commerce, and the Chair of the California Assembly “Select Committee on Rail Transportation.”  DLA Piper’s Gilles Attia is the corporate counsel of Wireless Rail Network (Wi-Fi Rail)– a high-speed broadband wireless provider with specific focus on commuter rail lines and WiFi on trains. Around 2008, Wi-Fi Rail was in negotiation with BART (Bay Area Rapid Transit) to provide lightning-fast Internet connections for thousands of daily commuters. (Photo:courtesy)

Donations to CaliforniaALL came primarily from utility companies (including AT&amp;T, Sempra Energy, and PG&amp;E). In its brief existence from 2008 to 2010, CaliforniaALL collected close to $2 million, including an unusually large sub rosa contribution of $780,000 from the State Bar of California Foundation in 2008.

CaliforniaALL was abruptly dissolved in July 2010.

<u>JUDGE AND MRS. MORRISON ENGLAND</u>

U.S. District Court Judge Morrison England
Hon. Morrison C. England, born 1954 in St. Louis, Missouri, received a B.A. from University of the Pacific in 1977 and a J.D. from University of the Pacific, McGeorge School of Law, in 1983.  He was in private practice in California from 1983 to 1996 and served as a judge on the Sacramento Superior Court for the State of California from 1996 to 2002.  In 2002, England was appointed to serve as a federal judge for the United States District Court for the Eastern District of California, located in Sacramento, California.

Serving on the board of directors of CaliforniaALL (which was in a partnership relationship with the State Bar of California) were Torie Flournoy-England, the esteemed and educated spouse of a Sacramento- based federal judge, Hon. Morrison England.

Judge Morrison England, as well as then-State Bar of California Executive Director Judy Johnson and State Bar employee Patricia Lee were part of CaliforniaALL’s Advisory Council.  See below.

<img src=”http://data6.blog.de/media/203/5550203_6bd7f157c7_m.jpeg&#8221; alt=”California ALL Advisory Council” style=”margin:5px;” /><img src=”http://data6.blog.de/media/202/5550202_57b5e4e19e_m.jpeg&#8221; alt=”California ALL BOD ” style=”margin:5px;” />

<strong><u>Sara M. Granda v State Bar of California</u></strong> (2009 cv 02015)

<img style=”margin: 0px;” src=”http://media.sacbee.com/smedia/2009/05/14/22/25-5M15GRADUATE.standalone.prod_affiliate.4.JPG&#8221; alt=”” width=”540″ height=”400″ />
Ms. Sara Granda.  It is easy to imagine Sara Granda in a courtroom, questioning witnesses,  challenging the opposition, and fighting for justice with the force of her large personality.  A ventilator, which she needs to breathe, would hang from the back of her wheelchair.  An assistant would help her flip through files, since she cannot move her hands or arms.  When she approaches the bench, Ms. Granda would maneuver her chair using her tongue.   “So much of what happens in the courtroom is theater,” says Ms. Granda, 29, who has lived out her own drama since she became paralyzed from the neck down at age 17.  “I’m not sure how much time I will spend in court as an attorney.  But I know I could do it.”  (Photo and Narrative Courtesy of www.alldeaf.com)

In May 2009, Granda graduated from U.C. Davis School of Law and, like most of her peers, hoped to sit for the July 2009 bar exam.

California’s Department of Rehabilitation paid the $600 bar exam fee with a check, and Granda was assured that she was properly registered.
However, the State Bar of California’s Office of Admission, headed by Ms. Gayle Murphy, never processed Granda’s application because the Department of Rehabilitation paid the $600 fee with a check, rather than a credit card.

The State Bar of California did not relent, and neither did Granda. 

<img src=”http://media.onsugar.com/files/2011/05/18/4/93/934221/image.jpg&#8221; alt=”” title=”” />
Governor Arnold Schwarzenegger (Courtesy CNN)

Local and national media expressed outrage after the situation gained publicity as a result of statements by Governor Schwarzenegger, who publicly stated:  “It is outrageous that someone who has overcome so much in life is penalized by a bureaucratic error that prevents her from taking the bar exam.  Government should work for the people, not against them and I’m calling on the state bar to allow Sara Granda to take next week’s test.  Sara is a fighter and I am with her all the way.”

Robert A. Hawley, State Bar Deputy Executive Director and an adjunct ethics professor at McGeorge School of Law, stated to the Sacramento Bee:
“It’s a high-tech process, and people need to maneuver it successfully, and we can’t be in the business of helping any one person out with it.”  Hawley continued: “That takes us down a path that ends up in a place we don’t want to be.  How do you then choose which ones to help and which you don’t?”

“I worked very, very hard for every cent,” Granda stated to the local media.  “So for everything to come together in the end and for it to just kind of fall through on such a minor, minor detail.”

True to her spirit, Granda filed an action in federal court seeking an order directing the State Bar of California to allow her to take the fast-approaching bar exam.

The case was assigned to the courtroom of Hon. Morrison C. England, the husband of California ALL board member Torie Flournoy-England who, together with State Bar Executive Director Judy Johnson, served on CaliforniaALL’s advisory council.

Making an appearance and vigorously contending that the federal court had no jurisdiction over the State Bar of California was Mr. Mark Torres-Gil of the State Bar office of General Counsel, the same office that drafted the partnership agreement between CaliforniaALL and the State Bar of California. 

In addition to Mr. Torres-Gil, the State Bar of California also retained the services of a private law firm — Kerr &amp; Wagstaffe.

To be continued.

Law Firm Meltdowns A Boon For Lawyers’ Counsel – Law360

By Erin Fuchs

Law360, New York (April 25, 2011) — The recent demise of law firms such as Howrey LLP has ushered in new opportunities for attorneys representing other lawyers and firms in disputes stemming from the collapses, experts say.

The wave of firm failures began with the 2003 implosion of Brobeck Phleger & Harrison LLP and exploded with the dissolution of other big-league players such as Coudert Brothers LLP, Heller Ehrman LLP, Thelen LLP and most recently Howrey LLP.

Collapses from just the past few years add up to more failures than in previous decades, according to Kurt Peterson, a partner with Reed Smith LLP who specializes in legal malpractice.

And these failures are causing an array of legal problems for both dissolving and acquiring firms as well as departing partners, according to Jonathan Hughes, vice chairman of the attorney liability practice group at Howard Rice Nemerovski Canady Falk & Rabkin PC. Recently, Howard Rice has been advising both the partners who left Howrey and the law firms that took them on, Hughes said.

“Law firm dissolutions have definitely led to a lot of work for people who represent law firms,” Hughes said, adding that virtually every major firm has hired a partner from a dissolved one. “Everybody has had to deal with this issue.”

The firms that take on partners can face so-called unfinished business claims from bankruptcy trustees, asserting that the estate has a right to profits from work started at the defunct firm and completed at the acquiring firm, experts said.

Heller launched lawsuits against more than two dozen firms in December alleging they benefited from improper transfers when they snapped up its attorneys. And just last month, a bankruptcy judge blocked an effort by 10 law firms including DLA Piper and Jones Day to obtain an interlocutory appeal of an order refusing to dismiss unfinished business adversary proceedings in Coudert’s bankruptcy.

In addition to unfinished business fights, firms that acquire partners from dissolving firms can inadvertently create conflicts of interest, according to Richard Hoffman, a partner with Duane Morris LLP, whose practice focuses on insurance disputes as well as legal malpractice and legal fees.

“The desire for some law firms to take on some very good attorneys quickly can mean that some conflict issues get overlooked, just in the hustle and bustle of moving quickly,” he said. “Sometimes you just ask the new attorneys to leave, but that doesn’t necessarily take care of the conflict that was created.”

Meanwhile, law firms that are collapsing face their own legal hurdles in the form of fights with clients who grow reluctant to dole out fees to a crumbling or already-defunct firm, according to Peterson, who noted his former employer Crosby Heafey Roach & May even ran into difficulties getting paid when it merged with Reed Smith.

“When a business is going out of business, people feel some liberty not to pay their bills, frankly,” Peterson, who advises both law firms and bankruptcy trustees on collecting fees, said.

These clients could also hit crumbling firms with malpractice allegations to justify the unpaid bills, which often come in the form of demand letters rather than public lawsuits, Hughes said. In some cases, law firms have actually made errors, he said.

“As law firms and their attorneys start acting under more duress because of the collapse of the firm, they get distracted and sometimes they have to make very quick decisions,” Hughes said. “If those circumstances are mishandled they can lead to errors being made … Deadlines can be blown.”

Collapses have indeed ignited fears of malpractice suits that have spurred departing lawyers to consult malpractice attorneys, Hoffman said. But the failures have not necessarily led to a greater number of malpractice suits in their wake, he added.

“Good attorneys are good attorneys even in hard times. They can compartmentalize their problems and still deal with their clients,” he said. “In some cases, they may have more of an incentive to pay attention to their clients’ problems because they want to make sure their clients follow them to the next firm.”

Still, Hoffman advises that dissolving firms protect themselves against malpractice claims by buying so-called tail legal malpractice insurance to cover claims made after the policy period.

These bids to seek coverage can still backfire, Hoffman said, pointing out that a bankruptcy judge blocked Heller from spending almost $3.5 million on a three-year, $20 million tail legal malpractice insurance policy.

For their part, lawyers from dissolving firms will still continue to remain concerned over legal malpractice claims and whether insurance will cover those claims, Hoffman said. He added, “It is something that causes more than a few attorneys in law firms that are dissolving … to lose sleep at night.”

–Additional reporting by Eric Hornbeck. Editing by Eydie Cubarrubia.

CaliforniaALL-Part 7:State Bar of California Board of Governors Asked to Investigate Foundation Refusal to Comply with IRS Rules and Policies

* The Leslie Brodie Report urges the readers to exercise caution and not
jump to conclusions regarding misconduct by anyone.

According to confidential sources, an additional letter was delivered to
the State Bar of California Board of Governors.

The letter is dated March 8, 2011, and is published below in its
entirety as a service to the community.

————————————————————————

March 8, 2011

Re: State Bar of California; California Bar Foundation; CaliforniaALL

Dear President Hebert, Senator Dunn, Members BOG, Foundation BOD, and to
whom it may concern :

This will serve to supplant, supplement, and otherwise provide an update
on matters relating to irregularities involving the State Bar of
California, California Bar Foundation, and CaliforniaALL.

1. Consistent with Internal Revenue Service rules and policies, on
February 17, 2011 I submitted a request to the California Bar
Foundation (specifically, to Executive Director Leslie Hatamiya) to
produce (or make available for inspection and copying) financial
documents and reports.

The request specifically cited “IRS Policies” as one basis supporting
the right to review the documents and sought, among other items, the
following documents:

*The “Conflict of Interest Policy” signed by you (Ms. Hatamiya) and each
member of the California Bar Foundation Board of Directors from 2007 to
the present.

*Cal Bar Foundation’s IRS Form 990s from 2006 to the present.

*Any additional documentation submitted to the IRS in connection with
Cal Bar Foundation’s duty to disclose interested directors other than
those mentioned in the Form 990s.

*California Bar Foundation records, including Board meeting minutes,
that relate to the decision to transfer almost $800,000 to
CaliforniaALL.

Shockingly, on March 3, 2011 Ms. Hatamiya wrote back ipso facto denying
the request.

This refusal to comply with the request for documents constitutes very
serious misconduct on the part of Ms. Hatamiya, as well as officers of
the Foundation to wit, Douglas Winthrop, Holly Fujie, Joan Kupersmith,
and David Grove.

California Bar Foundation represented to the Internal Revenue Service
that anyone would be able to inspect documents “upon request.”
Furthermore, IRS regulations provide for the same. In fact, technically
speaking, any member of the community may simply walk in unannounced and
ask to immediately inspect the books. This is a course of action I of
course do not intend to pursue as I find it to be unreasonable and
intrusive; nevertheless, I cite to it to demonstrate the level of
openness that the IRS and the State of California impose on charitable
organizations.

As such, I ask that this latest act of misconduct will also be included
as part and parcel of the prior request to the Board of Governors for a
formal investigation of events relating to CaliforniaALL.

2. In that the State Bar of California entered into a “partnership”
with CaliforniaALL, and is otherwise vicariously liable for all
actions and omissions by CaliforniaALL, you should know that
CaliforniaALL has not been properly dissolved with the Office of the
Attorney General, nor with the California Secretary of State, where
it is still listed as “active.”

As you recall, the Chairman of the Board, Mr. Victor Miramontes,
announced in June 2010 that CaliforniaALL had been dissolved. See
www.calall.org

3. Representations I made in the last communication stating that the
amount contributed to the U.C. Irvine Foundation was $100,000 is
inaccurate. It now appears that the sum is close to $300,000.
Please note that despite the change in these dollar figures, I still
stand behind the claims of improprieties. The two areas about
which I am most concerned as they are supported by strong direct and
circumstantial evidence are as follows:

a) A conspiracy by Holly Fujie, Leslie Hatamiya, Patricia Lee, and
Ruthe Ashley to cause the “Hush-Hush” transfer of close to $800,000
from the Foundation to CaliforniaALL, while defrauding (actively or
by omission) the Board of Governors, members of the State Bar, and
the public.

b) Improper and unaccounted-for spending by CaliforniaALL. Here, Mr.
James Hsu, who is very active with NAPABA, along with Fujie,
Hatamiya, Lee, and Ashley may have played a role. Even before
CaliforniaALL came into existence, Mr. Hsu participated in a meeting
at CPUC and knew that utility companies were pressured to contribute
money for diversity-related events.

Upon the creation of CaliforniaALL, the Board of Governors ratified the
decision to have Mr. Hsu sit on the board of CaliforniaALL on behalf of
the State Bar of California.

Even with the new figure of $300,000, answers must be given addressing
what exactly CaliforniaALL did with $1.8 Million dollars, and whether or
not those expenditures were justified.

Almost all of CaliforniaALL’s expenditures that I have examined appear
highly suspect, including close to $100,000 on travel, $10,000 for
“parking,” and $30,000 for “occupancy” (even though CaliforniaALL
claimed DLA Piper provided pro bono office services). The only expense
I do not currently believe is suspect is the approximate $140,000 salary
paid to Ruthe Ashley.

Thank you for your attention to these matters.

CaliforniaALL-Part 7:State Bar of California Board of Governors Asked to Investigate Foundation Refusal to Comply with IRS Rules and Policies.

* The Leslie Brodie Report urges the readers to exercise caution and not
jump to conclusions regarding misconduct by anyone.

According to confidential sources, an additional letter was delivered to the State Bar of California Board of Governors.

The letter is dated March 8, 2011, and is published below in its entirety as a service to the community.

————————————————————————-

March 8, 2011

Re: State Bar of California; California Bar Foundation; CaliforniaALL

Dear President Hebert, Senator Dunn, Members BOG, Foundation BOD, and to whom it may concern :

This will serve to supplant, supplement, and otherwise provide an update on matters relating to irregularities involving the State Bar of California, California Bar Foundation, and CaliforniaALL.

1. Consistent with Internal Revenue Service rules and policies, on February 17, 2011 I submitted a request to the California Bar Foundation (specifically, to Executive Director Leslie Hatamiya) to produce (or make available for inspection and copying) financial documents and reports.

The request specifically cited “IRS Policies” as one basis supporting the right to review the documents and sought, among other items, the following documents:

*The “Conflict of Interest Policy” signed by you (Ms. Hatamiya) and each member of the California Bar Foundation Board of Directors from 2007 to the present.

*Cal Bar Foundation’s IRS Form 990s from 2006 to the present.

*Any additional documentation submitted to the IRS in connection with Cal Bar Foundation’s duty to disclose interested directors other than those mentioned in the Form 990s.

*California Bar Foundation records, including Board meeting minutes, that relate to the decision to transfer almost $800,000 to CaliforniaALL.

Shockingly, on March 3, 2011 Ms. Hatamiya wrote back ipso facto denying the request.

This refusal to comply with the request for documents constitutes very serious misconduct on the part of Ms. Hatamiya, as well as officers of the Foundation to wit, Douglas Winthrop, Holly Fujie, Joan Kupersmith, and David Grove.

California Bar Foundation represented to the Internal Revenue Service that anyone would be able to inspect documents “upon request.” Furthermore, IRS regulations provide for the same. In fact, technically speaking, any member of the community may simply walk in unannounced and ask to immediately inspect the books. This is a course of action I of course do not intend to pursue as I find it to be unreasonable and intrusive; nevertheless, I cite to it to demonstrate the level of openness that the IRS and the State of California impose on charitable organizations.

As such, I ask that this latest act of misconduct will also be included as part and parcel of the prior request to the Board of Governors for a formal investigation of events relating to CaliforniaALL.

2. In that the State Bar of California entered into a “partnership” with CaliforniaALL, and is otherwise vicariously liable for all actions and omissions by CaliforniaALL, you should know that CaliforniaALL has not been properly dissolved with the Office of the Attorney General, nor with the California Secretary of State, where it is still listed as “active.”

As you recall, the Chairman of the Board, Mr. Victor Miramontes, announced in June 2010 that CaliforniaALL had been dissolved. See http://www.calall.org

3. Representations I made in the last communication stating that the amount contributed to the U.C. Irvine Foundation was $100,000 is inaccurate. It now appears that the sum is close to $300,000. Please note that despite the change in these dollar figures, I still stand behind the claims of improprieties. The two areas about which I am most concerned as they are supported by strong direct and circumstantial evidence are as follows:

a) A conspiracy by Holly Fujie, Leslie Hatamiya, Patricia Lee, and Ruthe Ashley to cause the “Hush-Hush” transfer of close to $800,000 from the Foundation to CaliforniaALL, while defrauding (actively or by omission) the Board of Governors, members of the State Bar, and the public.

b) Improper and unaccounted-for spending by CaliforniaALL. Here, Mr. James Hsu, who is very active with NAPABA, along with Fujie, Hatamiya, Lee, and Ashley may have played a role. Even before CaliforniaALL came into existence, Mr. Hsu participated in a meeting at CPUC and knew that utility companies were pressured to contribute money for diversity-related events.

Upon the creation of CaliforniaALL, the Board of Governors ratified the decision to have Mr. Hsu sit on the board of CaliforniaALL on behalf of the State Bar of California.

Even with the new figure of $300,000, answers must be given addressing what exactly CaliforniaALL did with $1.8 Million dollars, and whether or not those expenditures were justified.

Almost all of CaliforniaALL’s expenditures that I have examined appear highly suspect, including close to $100,000 on travel, $10,000 for “parking,” and $30,000 for “occupancy” (even though CaliforniaALL claimed DLA Piper provided pro bono office services). The only expense I do not currently believe is suspect is the approximate $140,000 salary paid to Ruthe Ashley.

Thank you for your attention to these matters.

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 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 TwitterPG & 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” and the Case of $769,247.00 from the State Bar of California (Part 1)

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.

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