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Girardi & Keese

This tag is associated with 262 posts

Fogel v. Farmers Group — In Reply to Question from Policy Holder, TLR Urges Policy Holder to Contact Girardi & Keese’s Graham LippSmith

See original @:

http://lesliebrodie.blog.co.uk/2011/08/17/objection-to-class-action-settlemen…

 

 

When is all of this going to be settled for fianal?jttemrn

 

Dear DPerkins:

We would like for you to contact your attorney (who is the attorney for the class) with all questions and concerns.

His name is Mr. Graham LippSmith.  His contact information is:

1126 Wilshire Boulevard
Los Angeles, CA 90017
Phone: 213-977-0211
Fax: 213-481-1554
Email: glippsmith@girardikeese.com

Alternatively, you can contact the State Bar of California, insurance commissioner , or the attorney general in your state.

Thank you for contacting TLR.

 

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BREAKING: Girardi & Keese Takes One on Chin As Court Refuses to Dismiss “the most stupid case in the history of America”

Developing story…. Court refuses to dismiss malpractice suit against Girardi & Keese advanced by Richard Salerno, a former client the firm chose to abandon.

As was mentioned previously, following on the heels of a $3.2 million jury verdict for professional malpractice against Girardi & Keese, a declaration of mistrial, as well as absurd remarks by Tom Girardi (“This is the most stupid case in the history of America”), prominent trial lawyer Terance Mix minced no words in accusing Girardi & Keese of profesional negligence, and for failing to accept responsibility for the catastrophic consequences befalling Girardi & Keese’s former client, Richard Salerno.

As a service to the community, TLR shall publish Terance Mix’s comment, below:

“Tom Girardi’s comment reflects not only his ignorance about the actual facts of a case that sat in his office largely ignored for over two years, but from a lawyer unwilling to own up to the failings of his firm and accept responsibility for the catastrophic consequences befalling his client when Girardi & Keese bailed on the case only 42 days before trial.


Mr Terance Mix of Santa Barbara, California. Mix is the former president of the Los Angeles Trial Lawyers Association and spent 12 years on the Board of Governors of California Trial Lawyers Association. He is a legal author and lecturer on trial techniques and strategies, including the trial of drug product cases, which was his specialty for over 30 years. (image: courtesy photo)

What Mr. Girardi fails to acknowledge in his rant about the “most stupid case in the history of America” is that the only independent and impartial witness to the impact between Richard Salerno’s motorcycle and the Volvo, being driven next to one another in the same direction, testified that as he passed the two vehicles, while traveling in the opposite direction, Mr. Salerno appeared to be “talking” to the Volvo driver as he passed them, and never saw Salerno remove his hands from the handlebars at any time before the impact.

This evidence is totally contradictory to Mr. Girardi’s assertion that Mr. Salerno was in a “rage” and “beating on the car with his fists and shouting expletives,” as stated in the Metro News article. Indeed, the evidence produced during the trial overwhelmingly demonstrated that the Volvo driver swerved into the motorcycle, as a means of intimidation, knocking Mr. Salerno to the ground and then driving over him with the left rear tire of the car.


Mr Tom Girardi of Los Angeles-based Girardi & Keese. Per findings adjudicated by 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. Subsequnet 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.

What Mr. Girardi also failed to mention, as was likewise brought out during the trial, was that the firm’s real reason for wanting out of the lawsuit was simply because they thought it was a lousy case and Mr. Salerno refused to accept a $20,000 offer for a client with a fractured skull, brain damage, multiple other injuries, and medical expenses in excess of $1,000,000. And that the lawyer in his firm that was assigned to the case contrived an allegation that Mr. Salerno intended to lie at the trial, only after the client refused to sign a substitution of attorney form about 50 days before the scheduled trial of the case.

Perhaps if Mr. Girardi had been present throughout the trial, rather than making just a couple of shorts visits, he might have seen how the underlying case could have been developed by his firm during the two years of representation and successfully resolved with the original defendant, thus avoiding last months trial for professional negligence.”

Separate malpractice suit against Girardi & Keese, please see @:
http://lesliebrodie.blog.co.uk/2011/11/03/tom-girardi-lashes-out-at-victim-as-girardi-keese-sued-for-legal-malpractice-12110166/

For more about Thomas Girardi, please visit:

http://bit.ly/xY2k5q

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

 

 

Pierce O’Donnell Convicted of Crime Involving Moral Turpitude — Headed to Federal Prison; Remains Under YR/TLR’s Scrutiny in Scheme Involving Democratic Party Operatives Joe Dunn, Tom Girardi, Jim Brosnahan

Pierce O’Donnell — a Democratic Party operative associated with the Girardi Syndicate — has been found guilty of a “serious crime” which involves misrepresentation, fraud, deceit or the use of dishonesty by funneling illegal campaign contributions to former Sen. John Edwards

El Paso Sempra Litigation

U.S. Chief Judge Audrey Collins of the Central District of California quickly ordered O’Donnell — former co-counsel in the El Paso Natural Gas/Sempra litigation — suspended from practicing law before any federal court located in the district. He has been assigned a federal prison ID # 49097-112. It is how he will be known for as long as he is behind bars when he begins his 60 days prison sentence on May 7, 2012.

As was reported HERE earlier, O’Donnel is still under extreme scrutiny in connection with the strong prima facie showing by which money which was “laundered” through and/or misappropriated from the California Bar Foundation was used to launch “Voice of OC” — a newly-created online publication which State Bar of California Executive-Director Joe Dunn had launched with the help of Democratic Party operatives Thomas Girardi of Girardi & Keese and James Brosnahan of Morrison & Foerster.

(For more about this story, please see HERE and HERE and HERE. About CaliforniaALL –sham non-profit entity allegedly used to execute and mask the plan, please see HERE.)

O’Donnell has been involved in countless legal proceedings involving his numerous acts of misconduct, described briefly below:

1. Criminal proceedings in the Los Angeles County Superior Court relating to unlawful contributions to James Hahn.

2. State Bar of California Court proceedings relating to his conviction of crimes involving moral turpitude in the Los Angeles County Superior Court.

3. State Bar of California alternative proceedings relating to his mental illness (O’Donnell failed to comply with the conditions of the program and his participation was terminated).

4. Administrative proceedings advanced by both the City of Los Angeles and the State of California.

5. State Bar of California Court proceedings relating to his attempt to mislead a Nevada state court.

Separately,and as was reported HERE earlier, Petitioner Pierce O’Donnell is asking Judge Thomas Anderle of the Santa Barbara County Superior Court for “legal separation” from spouse Dawn O’Donnell.

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

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

Please see updated article @:

 

http://tinyurl.com/883u3mx

 

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

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

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

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

Please see updated article @:

 

http://tinyurl.com/883u3mx

 

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

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

Pierce O’Donnell Assigned Federal Prison Number (TLR Note: 1- Despite his faults, O’Donnell is truly a remarkable and decent person 2- Hopefully, the Girardi Syndicate will ensure O’Donnell and his family are well cared for)

Pierce O’Donnel has been given a federal prison ID number. It is how he will be known for as long as he is behind bars when he begins his 60 days prison sentence.

The number is — 49097-112

 

See more @:

http://www.bop.gov/iloc2/LocateInmate.jsp

Karpman & Associates’ Diane Karpman who represented Girardi & Keese’s Thomas Girardi in Matter of In Re Girardi Advocates in Favor of Nadia Lockyer who Visited Boyfriend Stephen Chikhani in Jail Posing as His Lawyer

Karpman & Associates’ Diane Karpman who represented Girardi & Keese’s Thomas Girardi in Matter of In Re Girardi Advocates in Favor of Nadia Lockyer who Visited Boyfriend Stephen Chikhani in Jail Posing as His Lawyer.

 

Source: 

http://www.mercurynews.com/breaking-news/ci_20217632/alameda-county-superviso…

 

Alameda County Supervisor Nadia Lockyer visited her ex-lover in a Santa Clara County jail twice last year and signed in as his lawyer, allowing her to see him more privately and for a longer time than if she were a friend or family member.

“We can’t really say it was appropriate or inappropriate because there are reasonable explanations for what occurred,” said attorney Diane Karpman, a Beverly Hills-based specialist in legal malpractice and former State Bar Court referee who writes the California Bar Journal’s Ethics Bytes column.

Karpman said it’s possible that Lockyer went to the jail to give Chikhani a professional second opinion on how his primary lawyer was doing, or to render other legal advice.

“It may be a little bit questionable,” Karpman said, “but it’s a gray area because there are alternatives that are acceptable.”

Lockyer was elected to the Alameda County Board of Supervisors in 2010, her campaign buoyed by more than $1.5 million transferred from her husband’s campaign committee. The Lockyers married in 2003, and they have an 8-year-old son.

Pacific Justice Institute’s Brad Dacus, Michael Peffer, and Matthew McReynolds Hereby Asked to Opine on Voice of OC’s Joe Dunn, Thomas Girardi, John Keker/Jon Streeter, and MoFo’s James Brosnahan — — Special Prosecutor of Casper Weinberger

Pacific Justice Institute’s Brad Dacus, Michael Peffer, and Matthew McReynolds Hereby Asked to Opine on Voice of OC’s Joe Dunn, Thomas Girardi, John Keker/Jon Streeter, and MoFo’s James Brosnahan —  — Special Prosecutor of Casper Weinberger.

 

See related also Here and Here

 

El Paso Sempra Litigation

The State Bar of California denied it has received a formal ethics complaint against its own executive director Joe Dunn — creator of online publication “Voice of OC.”

The complaint alleged that a request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the U.S. Department of Treasury and Internal Revenue Service to fully comply with such requests.  As such, the failure of Senator Dunn to comply with the law, as well as his utter and complete indifference to the law of the land, mandates that discipline be imposed.

Moreover, and according to the complaint, the fact that Senator Dunn is the Executive Director of the State Bar of California should only serve as a factor for enhanced discipline, as his conduct should be beyond reproach and he should fully comply with all laws and regulations. This is particularly true because those documents were sought as part of an inquiry into circumstances involving a charity known as CaliforniaALL, in the context of events surrounding Voice of OC.

The State Bar of California, which controls and operates the California Bar Foundation, quietly transferred $780,000 to CaliforniaALL, a charitable entity created by former BOG member Ruthe Catolico Ashley. CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns.

Likewise, the Foundation never acknowledged this transfer to CaliforniaALL — the largest grant it ever bestowed — via publications issued by 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.

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where Senator Dunn serves as trustee and chair of the Audit Committee.

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That month, Senator Dunn publicly launched his online publication, ” Voice of OC.” Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

Events surrounding the State Bar of California, California Bar Foundation, CaliforniaALL, Voice of OC, and UCI Foundation, as well as the fact that those who were involved with CaliforniaALL (i.e. Morrison & Foerster’s Susan Mac Cormac and 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) were also involved with the creation of Voice of OC (Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi ) created the appearance of suspicious activities that funds were misappropriated by Voice of OC, vis-a-vis CaliforniaALL.

Additionally, the belief is heightened given various events’ proximity in time — as noted above, Ruthe Ashley left CaliforniaALL in the same month Mr. Dunn launched “Voice of OC” (as though her mission had been completed).

Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforce the suspicion. This is heightened by Mr. Thomas Girardi’s lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship Mr. Dunn shares with Mr. Girardi.

 

Ethics Complaint,  Joe Dunn, Voice of OC,


The above is an image of the complaint which was electronically mailed  to the Intake Office of  the State Bar of California, Ms. Jayne Kim as well as to Mr. Robert Hawley.  Below are images of various prior communications between the complainanat and the State Bar of California confirming a new policy by which ethics complaints may be submiited via electronic mail.  For more about the complaint against Voice of OC and  Joe Dunn, please see Here and Here

 

Intake Office

 

 

Intake Office

 

TLR is closely monitoring the situation and will keep readers apprised of any new developments.

Edwin “Ed” Meese of The Heritage Foundation / Hoover Institution Hereby Asked to Opine on Current Events Relating to Morrison & Foerster’s James Brosnahan (AKA Jim Brosnahan) — Special Prosecutor of Casper Weinberger

Edwin “Ed” Meese of The Heritage Foundation / Hoover Institution Hereby Asked to Opine on Current Events Relating to Morrison & Foerster’s  James Brosnahan (AKA Jim Brosnahan) — Special Prosecutor of Casper Weinberger.

Relevant links also  Here and Here

 

El Paso Sempra Litigation

The State Bar of California denied it has received a formal ethics complaint against its own executive director Joe Dunn — creator of online publication “Voice of OC.”

The complaint alleged that a request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the U.S. Department of Treasury and Internal Revenue Service to fully comply with such requests.  As such, the failure of Senator Dunn to comply with the law, as well as his utter and complete indifference to the law of the land, mandates that discipline be imposed.

Moreover, and according to the complaint, the fact that Senator Dunn is the Executive Director of the State Bar of California should only serve as a factor for enhanced discipline, as his conduct should be beyond reproach and he should fully comply with all laws and regulations. This is particularly true because those documents were sought as part of an inquiry into circumstances involving a charity known as CaliforniaALL, in the context of events surrounding Voice of OC.

The State Bar of California, which controls and operates the California Bar Foundation, quietly transferred $780,000 to CaliforniaALL, a charitable entity created by former BOG member Ruthe Catolico Ashley. CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns.

Likewise, the Foundation never acknowledged this transfer to CaliforniaALL — the largest grant it ever bestowed — via publications issued by 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.

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where Senator Dunn serves as trustee and chair of the Audit Committee.

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That month, Senator Dunn publicly launched his online publication, ” Voice of OC.” Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

Events surrounding the State Bar of California, California Bar Foundation, CaliforniaALL, Voice of OC, and UCI Foundation, as well as the fact that those who were involved with CaliforniaALL (i.e. Morrison & Foerster’s Susan Mac Cormac and 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) were also involved with the creation of Voice of OC (Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi ) created the appearance of suspicious activities that funds were misappropriated by Voice of OC, vis-a-vis CaliforniaALL.

Additionally, the belief is heightened given various events’ proximity in time — as noted above, Ruthe Ashley left CaliforniaALL in the same month Mr. Dunn launched “Voice of OC” (as though her mission had been completed).

Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforce the suspicion. This is heightened by Mr. Thomas Girardi’s lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship Mr. Dunn shares with Mr. Girardi.

 

Ethics Complaint,  Joe Dunn, Voice of OC,


The above is an image of the complaint which was electronically mailed  to the Intake Office of  the State Bar of California, Ms. Jayne Kim as well as to Mr. Robert Hawley.  Below are images of various prior communications between the complainanat and the State Bar of California confirming a new policy by which ethics complaints may be submiited via electronic mail.  For more about the complaint against Voice of OC and  Joe Dunn, please see Here and Here

 

Intake Office

 

 

Intake Office

 

TLR is closely monitoring the situation and will keep readers apprised of any new developments.

 

 

Kenneth Winston “Ken” Starr — Baylor University President / Dean Emeritus Pepperdine University — Hereby Asked to Opine on Events Relating to Voice of OC’s Joe Dunn, Thomas Girardi, John Keker/Jon Streeter, and MoFo’s James Brosnahan (AKA Jim Brosnahan)

Kenneth Winston “Ken” Starr — Baylor University President / Dean Emeritus Pepperdine University — Hereby Asked to Opine on Events Relating to Voice of OC’s Joe Dunn, Thomas Girardi, John Keker/Jon Streeter, and MoFo’s James Brosnahan (AKA Jim Brosnahan)

Article and links, below:


  • El Paso Sempra Litigation

    The State Bar of California denied it has received a formal ethics complaint against its own executive director Joe Dunn — creator of online publication “Voice of OC.”

    The complaint alleged that a request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the U.S. Department of Treasury and Internal Revenue Service to fully comply with such requests.  As such, the failure of Senator Dunn to comply with the law, as well as his utter and complete indifference to the law of the land, mandates that discipline be imposed.

    Moreover, and according to the complaint, the fact that Senator Dunn is the Executive Director of the State Bar of California should only serve as a factor for enhanced discipline, as his conduct should be beyond reproach and he should fully comply with all laws and regulations. This is particularly true because those documents were sought as part of an inquiry into circumstances involving a charity known as CaliforniaALL, in the context of events surrounding Voice of OC.

    The State Bar of California, which controls and operates the California Bar Foundation, quietly transferred $780,000 to CaliforniaALL, a charitable entity created by former BOG member Ruthe Catolico Ashley. CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns.

    Likewise, the Foundation never acknowledged this transfer to CaliforniaALL — the largest grant it ever bestowed — via publications issued by 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.

    As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where Senator Dunn serves as trustee and chair of the Audit Committee.

    In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That month, Senator Dunn publicly launched his online publication, ” Voice of OC.” Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

    Events surrounding the State Bar of California, California Bar Foundation, CaliforniaALL, Voice of OC, and UCI Foundation, as well as the fact that those who were involved with CaliforniaALL (i.e. Morrison & Foerster’s Susan Mac Cormac and 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) were also involved with the creation of Voice of OC (Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi ) created the appearance of suspicious activities that funds were misappropriated by Voice of OC, vis-a-vis CaliforniaALL.

    Additionally, the belief is heightened given various events’ proximity in time — as noted above, Ruthe Ashley left CaliforniaALL in the same month Mr. Dunn launched “Voice of OC” (as though her mission had been completed).

    Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforce the suspicion. This is heightened by Mr. Thomas Girardi’s lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship Mr. Dunn shares with Mr. Girardi.

     

    Ethics Complaint,  Joe Dunn, Voice of OC,


    The above is an image of the complaint which was electronically mailed  to the Intake Office of  the State Bar of California, Ms. Jayne Kim as well as to Mr. Robert Hawley.  Below are images of various prior communications between the complainanat and the State Bar of California confirming a new policy by which ethics complaints may be submiited via electronic mail.  For more about the complaint against Voice of OC and  Joe Dunn, please see Here and Here

     

    Intake Office

     

     

    Intake Office

     

    TLR is closely monitoring the situation and will keep readers apprised of any new developments.

REVEALED — December 27, 2010: State Bar of California Deputy Executive Director Robert A. Hawley Avers Intake Office Hasn’t Received Ethics Complaint Against James Towery, Jerome Falk

On behalf of the State Bar of California its staff and its Board, I
acknowledge receipt of your email message below and the one separately
sent to James Towery, both on December 23, 2010.

I have been designated to serve as your point of contact with the State
Bar on communications between you and the State Bar relating to both of
your email messages.  I serve in this ministerial role in accordance
with my position within the State Bar’s Office of the Secretary, which
in turn administers the business of the Board.  Please direct future
communications to my attention.  I will assure that they are processed
appropriately and that responses are provided as appropriate.  State Bar
representatives will forward communications from you to me, so it is
simply more efficient for you to directly communicate with me as
requested.

In your email message to Mr. Towery you state that you have sent a
written letter of complaint to the Office of the Chief Trial Counsel
(OCTC) Intake Unit.  As we have previously advised your colleague Leslie
Brodie, we provide status reports on pending matters involving OCTC only
to individuals who provide verifiable identification information,
including an address.  I assume that your written complaint provides
this information.  If not, we will not be able to provide you with
further status information on the subject of your email messages.

The OCTC Intake Unit reports that it has not received a communication
from you as yet.  This may simply be the pace of the mail.  Until we
receive your written complaint and verify your identity, we will not be
able to advise you further on the matters you raise. Assuming we do
receive this information, I will then advise you of any steps being
taken regarding the issues you raise.

Thank you for your interest in these subjects.

Robert Hawley
Deputy Executive Director
State Bar of California

 

Related @:

http://lesliebrodie.blog.co.uk/2011/01/12/update-1-to-howard-connection-in-ma…

AND

http://lesliebrodie.blog.co.uk/2011/01/13/state-bar-failure-to-prosecute-thom…

See also @:

http://lesliebrodie.blog.co.uk/2012/03/18/antics-by-state-bar-of-california-c…

 

 

State Bar of California Denies Receiving Ethics Complaint Naming Its Own Exeutive Director — Senator (Ret.) Joseph Dunn — Publisher of Voice of OC

El Paso Sempra Litigation

The State Bar of California denied it has received a formal ethics complaint against its own executive director Joe Dunn — creator of online publication “Voice of OC.”

The complaint alleged that a request to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the U.S. Department of Treasury and Internal Revenue Service to fully comply with such requests.  As such, the failure of Senator Dunn to comply with the law, as well as his utter and complete indifference to the law of the land, mandates that discipline be imposed.

Moreover, and according to the complaint, the fact that Senator Dunn is the Executive Director of the State Bar of California should only serve as a factor for enhanced discipline, as his conduct should be beyond reproach and he should fully comply with all laws and regulations. This is particularly true because those documents were sought as part of an inquiry into circumstances involving a charity known as CaliforniaALL, in the context of events surrounding Voice of OC.

The State Bar of California, which controls and operates the California Bar Foundation, quietly transferred $780,000 to CaliforniaALL, a charitable entity created by former BOG member Ruthe Catolico Ashley. CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns.

Likewise, the Foundation never acknowledged this transfer to CaliforniaALL — the largest grant it ever bestowed — via publications issued by 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.

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where Senator Dunn serves as trustee and chair of the Audit Committee.

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. That month, Senator Dunn publicly launched his online publication, ” Voice of OC.” Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

Events surrounding the State Bar of California, California Bar Foundation, CaliforniaALL, Voice of OC, and UCI Foundation, as well as the fact that those who were involved with CaliforniaALL (i.e. Morrison & Foerster’s Susan Mac Cormac and 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) were also involved with the creation of Voice of OC (Morrison & Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi ) created the appearance of suspicious activities that funds were misappropriated by Voice of OC, vis-a-vis CaliforniaALL.

Additionally, the belief is heightened given various events’ proximity in time — as noted above, Ruthe Ashley left CaliforniaALL in the same month Mr. Dunn launched “Voice of OC” (as though her mission had been completed).

Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforce the suspicion. This is heightened by Mr. Thomas Girardi’s lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship Mr. Dunn shares with Mr. Girardi.

 

Ethics Complaint,  Joe Dunn, Voice of OC,


The above is an image of the complaint which was electronically mailed  to the Intake Office of  the State Bar of California, Ms. Jayne Kim as well as to Mr. Robert Hawley.  Below are images of various prior communications between the complainanat and the State Bar of California confirming a new policy by which ethics complaints may be submiited via electronic mail.  For more about the complaint against Voice of OC and  Joe Dunn, please see Here and Here

 

Intake Office

 

 

Intake Office

 

TLR is closely monitoring the situation and will keep readers apprised of any new developments.

Litigator Matthew Powers May Have Conflict in Suit Against Amazon; Richard Zitrin: I would have a lot of trouble with him being counsel (TLR Note: Bears resemblance to Howard Rice’s Jerome Falk in Matter of In Re Girardi)

“People have what I call tells, like when you play poker with someone who always cracks his knuckles when he has a good hand,” said Richard Zitrin, a professor of legal ethics at UC-Hastings law school. “If he had a substantial relationship with the key players or decision makers at Amazon, I would have a lot of trouble with him being counsel against Amazon.”

Conflicts have become a tricky issue for patent attorneys who switch from the defense to the plaintiff side. On Feb. 23, U.S. District Judge William Alsup disqualified Feinberg Day Alberti & Thompson from representing Talon Research Inc., a small nonpracticing entity, in a patent infringement suit against Toshiba Corp. Six of Feinberg Day’s seven attorneys had represented Toshiba in IP matters while at DLA Piper.

And Alsup had harsh words for Feinberg Day in his 11-page disqualification order.

“Feinberg Day should have known better than to sue its recent client on a matter so similar to those on which the client had recently opened its confidences to counsel,” Alsup wrote. “The public has a right to expect fidelity to professional standards. Feinberg Day has crossed the line here.”

 

Please see complete story @:

http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202545829358&Former_Weil_P…

Revealed: Text of Ethics Complaint Against State Bar of California Executive-Director and Publisher of Voice of OC — Senator (Ret.) Joseph Dunn

State Bar of California refusal to acknowledge  receipt of said complaint, please see @:

http://tinyurl.com/88hlgxc

———————————————————————————————————–

November 20, 2011

Jayne Kim, Acting Chief Trial Counsel
Office of the Chief Trial Counsel/Intake
State Bar of California

Dear Ms. Kim:

This communication is intended to serve as a formal complaint against California State Bar members Joseph Dunn  (#123063), Henry Weinstein ( #60169), John Cruz ( #89271), and Jess Araujo (#70013).  Given that Senator Dunn  serves as the Executive Director of the State Bar of California, I ask that this complaint be referred to outside counsel. 

A few years ago, Senator Joseph Dunn (Ret.) (with the help of Thomas Girardi of Girardi &Keese and James Brosnahan of Morrison & Foerster) created a non-profit entity named “Orange County’s Nonprofit Investigative News Agency.”  This purported “News Agency” operates an online publication known as “Voice of OC.”

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.)  Additionally, said request was also delivered to Senator Dunn.  Due to Senator Dunn’s position with the State Bar, and for purposes of transparency, the request was also cc:d to Messrs. Starr Babcock and Robert Hawley.

To date, this request  to produce Voice of OC’s tax returns has been ignored, despite the clear mandate by the U.S. Department of Treasury and Internal Revenue Service to fully comply with such requests.  As such, the failure of Senator Dunn (as well as respondents named above, who all serve on Voice of OC’s Board of Directlors) to comply with the law, as well as his utter and complete indifference to the law of the land, mandates that discipline be imposed.

The fact that Senator Dunn is the Executive Director of the State Bar of California should only serve as a factor for enhanced discipline, as his conduct should be beyond reproach and he should fully comply with all laws and regulations.  This is particularly true because he knows that I asked to view those documents as part of my investigation into circumstances involving a charity known as CaliforniaALL, in the context of events surrounding Voice of OC.

Specifically, the State Bar of California, which controls and operates the California Bar Foundation, quietly transferred $780,000 to CaliforniaALL, a charitable entity created by former BOG member Ruthe Catolico Ashley.  CaliforniaALL never acknowledged receipt of the approximate $780,000 from the Cal Bar Foundation in any of its publications, although it did acknowledge the transfer on its IRS tax returns. 

Likewise, the Foundation never acknowledged this transfer to CaliforniaALL — the largest grant it ever bestowed — via publications issued by 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.

During its brief existence, CaliforniaALL obtained additional funding of close to $1.5 million from utility companies such as Verizon Wireless, Sempra, PG&E, and others.  (My suspicion, thus far unconfirmed, is that Girardi, Dunn, and Brosnahan became closer with each other while involved in  proceedings relating to a class action against Sempra, as well as proceedings involving Enron and El Paso.)

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where Senator Dunn serves as trustee and chair of the Audit Committee.  (Please note that this figure is an approximation, and may be revised once I obtain CaliforniaALL’s final tax return.)

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL.  That month, Senator Dunn publicly launched his  online publication, ” Voice of OC.”  Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

Events surrounding the State Bar of California, California Bar Foundation, CPUC, Geoffrey Brown, CaliforniaALL, Voice of OC, and UCI Foundation, as well as the fact that those who were involved (directly or  indirectly, such as by arranging to funnel money ) withCaliforniaALL (i.e. Morrison & Foerster’s Susan Mac Cormac and 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) were also involved with the creation of Voice of OC (Morrison &Foerster’s James Brosnahan and Girardi & Keese’s Thomas Girardi ) made me suspicious that funds were misappropriated by Voice of OC, vis-a-vis CaliforniaALL. 

My suspicion is heightened given the proximity in time of various events.  As noted above, Ruthe Catolico Ashley abruptly left CaliforniaALL in the same month Senator Dunn (aided by Brosnahan and Girardi) launched “Voice of OC,” as though her mission had been completed.  Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from “Voice of OC” (as though they were fleeing the scene with guilty consciences) and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforces this belief.

This is heightened by Mr. Thomas Girardi’s utter lack of credibility (per findings  by the Ninth Circuit in the matter of In Re Girardi), as well as the scheme to appoint as special prosecutor on behalf of the State Bar an attorney from a law firm of which Girardi & Keese is a client. 

As such, I urge you to investigate this matter to determine whether any of the attorneys from Voice of OC who ignored my request to produce said tax returns violated California Rules of Professional Conduct and/or the State Bar Act.  I ask that you impose appropriate sanctions against any and all of the attorneys 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.

Sincerely yours,

EXHIBIT 1
September 1, 2011

Re: Request for Production of IRS Form 990, Form 990 Schedule A, Form 1023 to Voice of OC and Orange County’s Nonprofit Investigative News Agency

Dear Mr. Santana and Mr. Washburn:

Consistent with U.S.Internal Revenue Service Regulations, please consider this communication a formal request to the “Voice of OC” and the “Orange County Nonprofit Investigative News Agency” to produce their IRS Form 990, Form 990 Schedule A, as well  Form 1023.  This request is for all documents submitted to the IRS within the past three years, which generally means the three most recent returns.

Said regulations require that these documents be produced within 30 days.  The Voice of OC and Orange County’s Nonprofit Investigative News Agency are entitled to charge reasonable costs for any copying and mailing costs incurred in relation to this request.  Alternatively, you can email the documents to me as PDF attachments.  I prefer the latter method.  However, if for some reason, you prefer to copy and mail the documents, please send them to the following address:

In that California State Bar Executive-Director Senator Joseph Dunn established the Voice of OC, and as I conduct my business in the open, several individuals associated with the State Bar are also cc:d on this list.  I ask that you please ignore the CC list for any other purpose.

I also ask that you draw no conclusion or develop any concern from the mere fact that this request is being made about you,  the Voice of OC, Senator Dunn, or any other individual or entity.

Thank you for your attention to this matter.

 

 

Noreen Evans — Chair of California Senate Judiciary Committee — Hereby Asked to Publicly Opine on Bullying Governmental Actions by Senator(Ret.) Joe Dunn to Promote Private Interest of His Publication — Voice of OC

Noreen Evans — Chair of California Senate Judiciary Committee — Hereby Asked to Publicly Opine on Bullying Governmental Actions by Senator(Ret.) Joe Dunn to Promote Private Interest of His Publication — Voice of OC, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

Roster of California Senate Judiciary Committee (TLR Note: Members to Be Notified of Bullying and Unlawful Tactics By Senator (Ret.) Joseph Dunn Post Complaint to IRS Against Voice of OC; Suspicious Circumstances Re Girardi & Keese and Morrison & Foerster

Roster of California Senate Judiciary Committee (TLR Note: Members to Be Notified of Bullying and Unlawful Tactics By Senator (Ret.) Joseph Dunn Post Complaint to IRS Against Voice of OC; Suspicious Circumstances Re Girardi & Keese and Morrison & Foerster)

Members

Senator Noreen Evans (Chair)
Senator Tom Harman (Vice Chair)
Senator Sam Blakeslee
Senator Ellen Corbett
Senator Mark Leno

Addresses & Staff

Chief Counsel: Saskia Kim
Deputy Chief Counsel: Benjamin Palmer
Counsels: Ronak Daylami, Nichole Rapier, and Tara Welch
Assistants: Roseanne Moreno and Jennifer Galenti
Phone: (916) 651-4113
Room: 2187

 

Sacramento Bee’s Andy Furillo and Kim Minugh Hereby Asked to Publicly Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

San Diego Reader ‘s Don Bauder Hereby Asked to Opine on Sacramento Bee’s Dan Morian Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

Sacramento Bee’s Pia Lopez Hereby Asked to Opine on Sacramento Bee’s Dan Morian Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

Sacramento Bee’s Stuart Leavenworth Hereby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

 

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

60 Minutes’ Steve Kroft Hereby Asked to Opine on Law Firms of Morrison & Foerster and Girardi & Keese Peculiar Relationship with Joe Dunn — Publisher of Voice of OC and executive Director of State Bar of California (Hint – California Energy Crisis)

60 Minutes’ Steve Kroft Hereby Asked to Opine on Law Firms of Morrison & Foerster and Girardi & Keese Peculiar Relationship with Joe Dunn — Publisher of Voice of OC and executive Director of State Bar of California (Hint – California Energy Crisis).

Please see also @

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

 

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

 

 

Voice of San Diego’s Andrew Donohue, Rob Davis, Will Carless, Keegan Kyle and Scott Lewis Herby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC (Home of David Washburn), and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

 

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

 

 

OC Weekly’s Matt Cocker Herby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

Sacramento Bee’s Joyce Terhaar Hereby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

Sacramento Bee’s Phillip Reese Hereby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

Sacramento Bee’s Marjie Lundstrom Hereby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

 

Sacramento Bee’s Charles Piller Hereby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

 

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

Sacramento Bee’s Dan Walters Hereby Asked to Opine on Sacramento Bee’s Dan Morain Involvement with Joe Dunn’s Voice OC, and related suspicious circumstances

Sacramento Bee’s Dan Morian involvement with Voice of OC, please see @:

http://lesliebrodie.posterous.com/voice-of-ocs-original-bod-notice-names-of-dan

 

Suspicious circumstances, including links, below:

*Photos and links by TLR, and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

TLR Will Not Seek Opinion of Sacramento Bee’s Dan Morian (Original BOD Member of Voice of OC) Re Voice of OC Refusal to Abide by IRS Regulations. Instead, TLR to Seek Opinion of Sacramento Bee’s Editorial Staff

TLR Mulls Seeking Opinion of Sacramento Bee’s Dan Morian to Opine on Joe Dunn’s Voice of OC Refusal to Obide by IRS Codes and Regulations

Voice of OC’s Original BOD — Notice Names of Dan Morain, Marta Escutia, and Representatives from Girardi & Keese and Morrison & Foerster

Chairman of the Board – Joe Dunn

Dunn is a nationally respected litigator who represented Orange County in the California Senate from 1998 to 2006. He gained notoriety in Sacramento for his leadership role on the committee investigating Enron’s tactics during the state’s energy crisis in 2000. Dunn also spearheaded several other legislative investigations that examined deportations of Mexican Americans in the 1930s and uncovered a domestic spying scandal involving the California National Guard and the Bush Administration. Dunn is a co-founder and managing partner with The Senator’s Law Firm.

Marta Escutia

Escutia represented Los Angeles in the California Assembly and Senate from 1998 to 2006. She was best known for her legislation that took junk food out of public schools and for her efforts to get health insurance for children. She also brings a wealth of experience in Mexican affairs as a legal expert on trade and tariff issues.Escutia will be joining Joe Dunn as a co-founder and managing partner of The Senator’s Law Firm.

Erwin Chemerinsky

Chemerinsky, inaugural dean of the new law school at the University of California, Irvine, is one of the nation’s most respected constitutional scholars. Chemerinskytaught for years at the University of Southern California and has written extensively on the U.S. Supreme Court. He also has maintained active in public policy debates, with a central role in the LAPD Rampart scandal investigation and the crafting of a new charter for the City of Los Angeles.

Henry Weinstein

Weinstein, former prize-winning legal affairs reporter with the Los Angeles Times, is now a professor at UCI law school teaching legal writing and developing clinical programs. As a journalist, Weinstein was known for his work on death penalty cases – freeing one man after 24 years in prison – as well as investigations into consumer fraud and white-collar crime.

Dan Morain

Morain is a former mainstay in the Los Angeles Times Sacramento bureau. He brings a host of skills to the board including his experience reporting on campaign finance and the influence of money in politics. Morain recently joined the Sacramento Bee as an editorial writer.

Jess Araujo

Araujo, a Santa Ana attorney, brings decades of experience on immigration and border issues having worked as an activist, attorney and columnist with ethnic newspapers across the state. He has served as general counsel to both the Salvadoran and Mexican consulates in Orange County.

Thomas V. Girardi

Girardi is widely regarded by his peers as one of the nation’s top trial lawyers. With nearly fifty years of experience representing victims, Girardi has obtained numerous multi-million dollar verdicts and settlements, handling claims involving wrongful death, commercial litigation, products liability, bad faith insurance and toxic torts.  Mr. Girardi is a Member of the Board of Directors and former President of the prestigious International Academy of Trial Lawyers, an invitation-only worldwide organization limited to 500 trial lawyers.  Girardi is also the first trial lawyer to be appointed to the California Judicial Council, the policy-making body of the state courts.

James J. Brosnahan

Brosnahan is one of the nation’s most respected and recognized trial lawyers, with expertise in both civil and criminal trial work. The National Law Journal lists him on the “Top 100 Most Influential Lawyers in America.” Mr. Brosnahan has served as special counsel to the California Legislature’s Joint Subcommittee on Crude Oil Pricing, the lawyers’ representative to the Ninth Circuit Judicial Conference and Chairman of the Delegation, and president of the Bar Association of San Francisco. He also serves as Master Advocate on the faculty and member of the Board of Trustees of the National Institute for Trial Advocacy.

The Leslie Brodie Report “Quit Amid Probe Curse” Allegedly Due to Probes by TLR and/or YR (TLR Note: And One Who Wishes He Can Quit)

Please see relevant links, below:

 

California Supreme Court Associate-Justice Hon Ming Chin:

http://lesliebrodie.blog.co.uk/2011/11/18/ming-chin-california-supreme-court-…

 

 

Leslie Hatamiya:

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

 

 

David Werdegar (Spouse of CSCJ Kathryn Werdegar and Father of Keker & Van Nest’s Matthew Werdegar)

https://lesliebrodie.wordpress.com/2012/03/09/breaking-news-david-werdegar-spo…

 

 

Howard Rice (Legal Scholar Dan Dydzak Substantial Factor):

http://lesliebrodie.posterous.com/embattled-howard-rice-nemerovski-canady-falk

 

 

James Towery (Alternative theory, quit due to his refusal to submit misleading report to the California legislature)

http://lesliebrodie.blog.co.uk/2011/06/16/d-e-v-e-l-o-p-i-n-g-james-towery-ca…

 

 

Girardi & Keese’s Thomas Girardi and Morrison & Foerster’s James Brosnahan:

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

 

 

Sacramento-based McGeorge School of Law Dean Elizabeth Rindskopf Parker:

https://lesliebrodie.wordpress.com/2011/08/23/mcgeorge-school-of-law-dean-eliz…

And

https://lesliebrodie.wordpress.com/2012/01/06/sacramento-based-mcgeorge-school…

 

 

Ronald George (Legal scholar Dan Dydzak substantial factor due to exposure of Bet Tzedek Connection)

http://lesliebrodie.blog.co.uk/2010/07/14/breaking-chief-justice-ronald-georg…

 

 

Holly Fujie:

https://lesliebrodie.wordpress.com/2011/12/28/holly-fujie-appointed-judge-in-t…

 

 

State Bar Executive-Director Joe Dunn of Voice of OC:

 

http://lesliebrodie.blog.co.uk/2011/10/19/state-bar-of-california-executive-d…

 

AND

http://www.thelegaloc.com/?p=451

 

AND

 

http://lesliebrodie.posterous.com/state-bar-of-california-executive-director-…

 

 

 

 

 

 

 

UC Davis School of Law’s Margaret Z. Johns Is Hereby Asked to Opine on Search Warrant Concerning Criminal Accusation Involving Ethics Complaint and Former Student Sara Granda

UC Davis School of Law’s Margaret Z. Johns Is Hereby Asked to Opine on Search Warrant Concerning Criminal Accusation Involving Ethics Complaint and Former Student Sara Granda, Below:

 

*Photos and links, by TLR and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

David Cameron Carr (AKA David Carr) Hereby Asked to Opine on Matters Relating to Search Warrant Re James Towery (TLR Note: See Note Re Jeff Reisig and Michael Cabral of Yolo County District Attorney)

Jeff Reisig and Michael Cabral of Yolo County District Attorney Fail to Grasp, As of Yet, Purpose of TLR to Protect Physical Safety and Security of Complainant YR and Others From Negative Elements  Such As :

1. Rabbi Beater of “60 Days Suspension Scandal”

2. Syndicate of Thomas Girardi

3. Those in the Shady Busnines of Gambling

4. Movements of Money from CPUC to South Los Angeles, Etc             

 

Will Cameron manage to grasp said concerns?

 

Article re James Towery, below:

 

*Photos and links, by TLR and not part of original letter.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

My understanding is that members of the State Bar of California Board of Governors (presumably, State Bar of California Executive Director Joe Dunn of Voice of OC, Alec Chang of Skadden Arps, and others with their own financial and liberty interest at stake due to my whistleblowing activities) have presented claims to the Yolo County District Attorney’s Jeff Reisig and Michael Cabral to file criminal charges against me, for among other things, alleged violations of Business and Professions Code section 6043.5, on the purported basis that the ethics complaints I filed were unfounded and constituted criminal conduct.  (See ethics complaint concerning Rachel Grunberg, Mark Torres-Gil, Lawrence Yee in matter of Sara Granda HERE, ethics complaint against Thomas Girardi in the Fogel v. Farmers Group HERE., ethics complaint against James Towery HERE)

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

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

Thank you for your time.

 

Kerr & Wagstaffe / Cotchett Pitre & McCarthy Peculiar Arrangement Part 3 (TLR Note Rory Little, McGeorge’s Paul Paton, Vikram Amar, Erwin Chemerinsky Hereby Asked to Opine)

Part 1 @:

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

 

Part 2 @:

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

 

Part 3:

Communication as was sent to DLA Piper in December 2011, below:

Mr. Brenbrook:

In reference to the above case, and in connection with the decision to utilize Mr. James Wagstaffe of Kerr & Wagstaffe as an expert witness to offer an opinion as to the reasonable value of past legal services rendered by Cotchett, Pitre & McCarthy to Mr. Siller and CWS, please be advised that Cotchett, Pitre & McCarthy and Mr. Wagstaffe currently represent a common defendant in litigation pending in San Mateo County Superior Court.

Without exploring any legal intricacies, common sense dictates that Mr. Wagstaffe may be disinclined to offer unfavorable testimony to the effect that Cotchett inflated its billable hours (not that I suggest that it did), or that the quality of the firm’s work was sub par (not that I suggest that it was) since any such testimony by Mr. Wagstaffe could, in essence, cast doubt on the value of services being offered mutually by him and the Cotchett firm in the San Mateo litigation. As such, I urge you to address with the Court, your client, and opposing counsel the ethical and practical implications of such an arrangement.

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.”

Additionally, in that you are a partner at the Sacramento Office of DLA Piper, I am extremely uncomfortable with such an arrangement given my research into the alarming circumstances involving the now-defunct charity CaliforniaALL, which was housed at your offices pursuant to an arrangement by DLA managing partner Gilles Attia.

My ongoing research into CaliforniaALL, which recently also resulted in a complaint filed with the IRS against Voice of OC, indicates the existence of a unsettling relationship between Joe Cotchett, James Brosnahan, Pierce O’Donnell, Geoffrey Brown, Senator Joe Dunn (Ret.) of Voice of OC, and his confederate, Thomas Girardi of Girardi & Keese.

Moreover, events surrounding DLA Piper, its former client DeMeter Energy, and a botched malpractice suit by Girardi & Keese against DLA Piper on behalf of DeMeter Energy, caused me to entertain thoughts that Girardi & Keese may have intentionally let the statute of limitations expire so as to sabotage the suit against DLA Piper.

As such, and based on the above, I am also entertaining thoughts that DLA Piper may have intentionally selected Mr. Wagstaffe to testify in the bankruptcy matter of Siller/CWA to further draw him into the circle, and to offer favorable testimony on behalf of Cotchett Pitre & Mcarthy and against the interests of Siller/CWA. Granted this may sound far-fetched; however, given my familiarity with past events and the parties’ modus operandi, I still consider it a possibility.

Note that I am on friendly terms with Mr. Wagstaffe and, despite our involvement in highly contentious litigation which settled after Mr. Wagstaffe’s client took the case on appeal, I am concerned that he may be pressured, either externally or due to financial consideration, to offer testimony which is inconsistent with the truth.

 

In Letter to Ninth Circuit Judges Complainant Blasts California Bar Re Federal Misconduct Case of Tom Girardi;Alleges Joseph Dunn Aided by Morrison & Foerster/Girardi & Keese in Launching “Voice of OC” under Suspicious Circumstances

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

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

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

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

Thank you for your time.

In Letter to Ninth Circuit Judges Complainant Blasts California Bar Re Federal Misconduct Case of Tom Girardi;Alleges Joseph Dunn Aided by Morrison & Foerster/Girardi & Keese in Launching “Voice of OC” under Suspicious Circumstances

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

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

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

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

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

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

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

 


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

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

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

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

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

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

 

 

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

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

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

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

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

 

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

 

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

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

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

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

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

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.

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

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

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

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

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

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

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

Thank you for your time.

Voice of OC’s Joe Dunn Complaint with Yolo DA’s Michael Cabral and Jeff Reisig Re Sara Granda Ethics Complaint Violated B & P 6043.5 — Self-Serving , “Hail Mary Pass” as Same Set of Facts Ground of Allegation Against Voice of OC’s Joe Dunn, Thomas Gira

Sara Granda’s story, please see :

http://lesliebrodie.blog.co.uk/2011/05/06/california-all-part-13-a-judge-and-…

 

Below, article originally published on 1/08/2011

See original story @:

http://lesliebrodie.blog.co.uk/2011/08/01/californiaall-part-17-the-voice-of-…

 

voice of oc

 

* The Leslie Brodie Report (TLR) urges the readers to exercise caution and not jump to conclusions regarding misconduct by anyone. We are carefully following a major developing story out of California, and will provide around-the-clock coverage and post updates as they become available.

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

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

CaliforniaALL was abruptly dissolved in June of 2010.


“THE VOICE OF OC” TEAM — Girardi & Keese‘s Thomas Girardi , Morrison & Foerster‘s James Brosnahan, and Joe Dunn.  In Septermber of 2009, Dunn (with the help of Girardi and Brosnahan) launched “The Voice of Orange County” — an online publication.  Additionaly, Dunn is a trustee with the UCI Foundation — an entity which absorbed most of the grants CaliforniaALL had bestowed.

Sources with knowledge of the inquiry into CaliforniaALL, speaking on condition of anonymity, maintain the ongoing multi-prong inquiry is continuing and expanding, and that a red flag has been raised over Joe Dunn, “The Voice of OC”, Thomas Girardi, and James Brosnahan due to convenient circumstances surrounding CaliforniaALL, UCI Foundation, Voice of OC, and Cal Bar Foundation.

Recently, Mr. Dunn was informed about the existence of convenient circumstances surrounding CaliforniaALL and his publication —  “Voice of OC.”  We shall publish the letter, below:

Dear Senator Dunn:

This is to inform you that, in connection with my inquiry into the charitable entity known as CaliforniaALL, circumstantial evidence points to potential wrongdoing on your part as well as on the part of Thomas Girardi of Girardi & Keese and James Brosnahan of Morrsion & Foerster.

Please note that in referring to “you,” I also refer to The Voice of Orange County (“Voice of OC”), the online newspaper you established in September 2009 with the assistance of Thomas Girardi of Girardi & Keese and James Brosnahan of Morrison & Foerster.

As you may recall, CaliforniaALL was established after a meeting between Ruthe Ashley, Sarah Redfield, and CPUC’s Peter Arth.

Ashley, a Diversity Officer at CalPERS and a member of the California Board of Governors, bamboozled the State Bar, CalPERS, the CPUC, and the Department of Insurance into endorsing the proposition. My suspicion — thus far unconfirmed — is that Howard Rice was involved in asking its client Steve Poizner to issue a letter supporting the measure.

Morrison & Foerster, specifically Susan Mac Cormac and Eric Tate, assisted with the legal aspects of creating the entity. (Presently, I am unsure of the extent of the involvement, if any, of Lori Schechter, wife of current State Bar President William Hebert. If there was any involvement, I please ask that such information be disclosed to me.)

Later, Sarah Redfield assumed the position of CaliforniaALL’s Interim CEO; after a simulated search for a CEO, Ruthe Ashley was hired as the entity’s president and CEO.

Holly Fujie
CAL BAR FOUNDATION TEAM
—  Howard Rice‘s Doug Winthrop, Buchalter Nemer’s Holly Fujie,Girardi & Keese‘s Howard Miller, and former CPUC Commisioner Goeffrey Brown. Arranged for the unlawful “hush-hush” transfer of $780,000 from  Cal Bar Foundation to sham charity CaliforniaALL.

Once Ashley assumed the position, the Foundation of the State Bar of California (which is under the complete control of the BOG) made a quiet and unlawful transfer of approximately $780,000 from Cal Bar Foundation to CaliforniaALL. At the time of the transfer, the individuals controlling the Foundation were Holly Fujie, Girardi & Keese’s Howard Miller, Howard Rice’s Douglas Winthrop, Geoffrey Brown, and a few others.

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

During its brief existence, CaliforniaALL obtained additional funding of close to $1.5 million from utility companies such as Verizon Wireless, Sempra, PG&E, and others.

As the purpose of CaliforniaALL was to transfer those funds forward, it did so by awarding approximately $300,000 in grants to the UCI Foundation, where you serve as trustee and chair of the Audit Committee. (Please note that this figure may change once I obtain CaliforniaALL’s final tax return.)

Note that from my perspective, the award of this grant is suspect as it appears that CaliforniaALL pre-selected UCI Foundation, making the simulated request for proposal (RFP) by Sarah Redfield that led to the grant a sham process. (Note also that Sarah Redfield later falsely claimed she “launched” SAL-UCI, and falsely stated on her resume that she was part of the “Curriculum Committee”; in reality, you and I know that SAL-UCI was established by Santana Ruiz and Rob Vicario, several years earlier.)

In September 2009, Ruthe Ashley abruptly exited CaliforniaALL. In the same month and year, you publicly launched your online publication, “The Voice of OC.” Public sources have stated that the Voice of OC was financed by various foundations, unions, and the like.

The fact that some individuals and entities involved in the creation of CaliforniaALL and the subsequent unlawful transfer of $780,000 from the Cal Bar Foundation to CaliforniaALL were also involved in assisting you with the creation of “Voice of OC” has caused me to entertain the thought that “Voice of OC” may have been a recipient, at least in part, of the $780,000 misappropriated from the State Bar of California.

This belief is heightened given various events’ proximity in time — as noted above, Ruthe Ashley left CaliforniaALL in the same month you launched “Voice of OC” (as though her mission had been completed). Moreover, the recent abrupt departure of Thomas Girardi and James Brosnahan from ‘Voice of OC” ( as though they were fleeing the scene with guilty consciences), the refusal of SAL-UCI to disclose the amount it receive from CaliforniaALL, the simulated RFP, and CaliforniaALL’s pre-selection of the UCI Foundation as a recipient of funds only reinforce this belief. This is heightened by Mr. Thomas Girardi’s lack of credibility (pursuant to findings made by a panel of federal judges), and the friendship you share with him (as you will recall, you participated in a special event held at the Beverly Hills Hotel to honor Mr. Girardi several years ago).

Consequently, and in addition to the above, I also must ask you to relinquish your position with the UCI Foundation. Since you assumed the position of executive director, any contributions made to the UCI foundation could be perceived as an attempt to gain favors with the State Bar of California.

Thank you for your time.

Grand Jury Investigation of Michael Shames’ UCAN Prompts TLR to Republish Article Re Judy Johsnon’s CCPF , Willie Brown, Gwen Moore, State Bar of California, Fishkin & Slatter’s Jerry Fishkin, Starr Babcock, Robert Hawley, Yoloan Rabbi, David Cameron Car

Originally published 10/07/2011

Please see original @:

http://lesliebrodie.blog.co.uk/2011/07/10/david-cameron-carr-assails-the-lesl…

 

 

Judy Johnson David Cameron Carr Ms. Gwen Moore
From left, Judy Johnson, David Carr, and Gwen Moore (Photos:courtesy)

Even though—independent of one another – we are in agreement as to the appearance of shenanigans and improprieties in matters relating to the State Bar/Girardi & Keese/Howard Rice (See http://tinyurl.com/kinglehr ), David Cameron Carr, the former president of the Association of Discipline Defense Counsel, recently assailed the Leslie Brodie Report. This is the second occasion on which Carr has lashed out at TLR.

Previously, in response to our story entitled “Bribing Pat” – which addressed the fact that records prove beyond any doubt misconduct by Judge McElroy by her failure to disclose an overseas trip she accepted from Golden Gate University School of Law’s Dean Peter Keane – Mr. Carr shockingly and unprofessionaly, referred to the allegations against McElroy as “Garbage.”   (See http://tinyurl.com/articlepatmcelroy )

To understand the source of Carr’s unexplained hostility, TLR turned to our trusted adviser, State Bar Insider (“SBI”).

According to SBI, recent revelations made by Yoloan Rabbi (“YR”) concerning the role of State Bar Executive Director Judy Johnson made many members of the Association of Discipline Defense Counsel uncomfortable and fearful of being sued for malpractice by their clients, largely solo practitioners who were disciplined for misconduct committed against the same large law firms that were secretly also directing millions of dollars in cy pres funds to CCPF, headed by Judy Johnson.

As a reminder, Judy Johnson concurrently (and secretly) serves as State Bar Executive Director and chairperson of the sham entity known as “CCPF.”

CCPF has obtained close to $30 million, primarily from various cy pres awards from large law firms settling class actions; CCPF then primarily funnels these funds to minority organizations in Los Angeles (for example, there have been unexplained, repeated, and vexatious payments from CCPF to a specific YMCA in Long Beach , California).

SBI (as does YR) maintains that significant prima facie evidence point to the existence of a “collusive arrangement” – otherwise, why has no member of the Association of Discipline Defense Counsel ever mentioned or objected to, formally or informally, the fact that at the same time Judy Johnson served as Executive Director of the State Bar of California, she also served as chairperson of CCPF, an entity that was at the mercy of large law firms for huge cy pres awards?

 

Jerome Fishkin
Mr. Jerome Fishkin of Fishkin & Slatter. According to SBI, after it was made clear in no uncertain terms that Fishkin would not be promoted while employed at the State Bar, he left in disgrace. (Photo:courtesy)

According to SBI, the Association of Discipline Defense Counsel was established by Jerome Fishkin – an attorney with a history of bitter disputes with the State Bar of California, as well as connections to Willie Brown.

Fishkin, a former prosecutor at the State Bar, was very unpopular during his tenure there. In addition to being perceived as a troublemaker, he was also regarded as generally not being able to properly present cases, and instead believing that he could “wing” such matters, or “schmooze” his way around.

This attitude did not sit well with Starr Babcock and Robert Hawley who wanted, as soon as the opportunity presented itself, to fire Fishkin.  Not so fast – Judy Johnson decided to take Fishkin under her wing due to  Fishkin’s “Ghetto Pass” on the account of his daughter-in-law.


Mr. Willie Brown, a mentor and an ally of BOG member Gwen Moore.

Fishkin thereafter organized an all-out employment strike at the State Bar, during which period tensions ran extremely high. Judy Johnson summoned Willie Brown to Fishkin’s aid. Hence, even to this day, a photo of Willie Brown hangs on the wall in Fishkin’s office.

Later, after Babcock and Hawley made it clear, in no uncertain terms, that Fishkin would not be promoted to any supervisory role, Fishkin left in disgrace and entered private practice as a solo practitioner.

Remaining loyal to Judy Johnson and Willie Brown, Fishkin kept the secret about Judy Johnson from his clients. Even while serving as President of the Association of Discipline Defense Counsel, Fishkin never bothered to inform the public that Judy Johnson is one and the same as CCPF – an entity receiving cy pres awards arranged by the same law firms which she was supposed to supervise and discipline.

According to SBI, the latest discovery by Yoloan also caused great embarrassment to Mr. Carr, the former president of the Association of Discipline Defense Counsel. Hence, his zeal to discredit TLR.

In addition, the dual role Judy Johnson played made it profitable for certain minority communities to see as many solo practitioners disbarred and disciplined as possible, which allowed the cash to keep flowing to them.

Conversely, it would not be in the best interest of these minority communities for the State Bar to discipline an attorney from a large firm, such as Munger Tolles & Olson for example. Such actions would cause friction and a probable reduction in the amount of money available to these communities and the recipients of these funds such as Eric Moore ‘s EducateCA, Little Tokyo Service Center, YMCA Long Beach, Philipinos for Affirmative Action, and many other questionable outfits.

Rory Little Under Heavy Scrutiny In Connection with Ninth Circuit Matter of In Re Girardi, Thomas Girardi, Eric George, Toyota Unintended Acceleration Matter

Developing story….. Details soon…..

 

Communication Dispatched to Ninth Circuit’s Alex Kozinski Re Jerome Falk/In Re Girardi, CaliforniaALL, Voice of OC’ Joe Dunn, Sara Granda, Michael Cabral, Jeff Reisig

Developing story….. Details soon…..

Diane Karpman of Karpman & Associates Article Re Bus. & Prof. Code, section 6043.5 (TLR Note: See below re Karpman’s client — Girardi & Keese’s Tom Girardi seeks criminal charges for violation of said statute with Yolo County District Attorney’s Office

Diane Karpman
Karpman

An interesting section in the Business and Professions Code, enacted in 1990, promoted by then-Speaker Willie Brown, finally has some judicial interpretation. Section 6043.5, (Complaints; False and Malicious) states, “(a) Every person who reports to the State Bar or causes a complaint to be filed with the State Bar that an attorney has engaged in professional misconduct, knowing the report or complaint to be false and malicious, is guilty of a misdemeanor.” The dearth of reported decisions might suggest that nobody ever files false or malicious complaints. Shocking as it may seem, clients have been known to file inquiries (early complaints), designed to leverage other disputes, that could be categorized as false and malicious.

Please continue @

http://archive.calbar.ca.gov/%5CArchive.aspx?articleId=96415&categoryId=96438…

TLR Note: Thomas Girardi, who was also represented by Karmpan in the Matter of In Re Girardi, is seeking criminal charges to be filed against the complainant for the alleged violation of said statute due to ethics complaint in matter of Fogel v. Farmers

See copy of ethics complaint Girardi & Keese’s Thomas Girardi alleges ran afoul of the statute @ :

http://lesliebrodie.blog.co.uk/2011/04/05/ethics-complaint-filed-with-califor…

BREAKING NEWS: The Leslie Brodie Report Will Move to Quash Jeff Reisig’s Search Warrant; Sources Close to YR: Looking Forward to Discovery Process Re Jerry Brown, Geoffrey Brown, James Brosnahan, Voice of OC’s Joe Dunn, Cache Creek Casino,In Re Girardi,

BREAKING NEWS: The Leslie Brodie Report Will Move to Quash Jeff Reisig’s Search Warrant; Sources Close to YR:  Looking Forward to Discovery Process Re Jerry Brown, Geoffrey Brown,PG & E, James Brosnahan, CaliforniaALL, CCPF’s Judy Johnson,  Voice of OC’s Joe Dunn, Cache Creek Casino,Thomas Girardi, Starr Babcock, Skadden Arps .  

 

DEVELOPING STORY…… DETAILS SOON…………

 

Related story, please see @:

http://www.metnews.com/articles/editorial050302.htm                                                                                                           

Jeff Reisig and Michael Cabral of Yolo County District Attorney’s Office Allege Ethics Complaint (Below) Against Thomas Girardi Constituted a Crime

Ethics Complaint filed with California State Bar against Skadden Arps’ Thomas Nolan/Raoul Kennedy and Girardi Keese’s Thomas Girardi/Graham LippSmith for Alleged Misconduct in Fogel v. Farmers Group Inc.

TLR has learned an ethics complaint alleging multiple acts of misconduct has been filed with the State Bar of California against attorneys from the firms of Skadden, Arps, Slate, Meagher & Flom LLP and Girardi & Keese.

Knowledgeable sources, speaking on condition of anonymity, maintain the complaint alleges that ethical breaches took place as a result of Skadden Arps’ representation of Girardi & Keese in the matter of In Re Girardi because, at the same time, Girardi & Keese and Skadden Arps were on opposing sides in the case of Fogel v. Farmers Group, Inc.

According to the sources, the parties named in the complaint are Raoul Kennedy, Thomas Nolan, and Richard Zurmoski of Skadden Arps as well as Graham LippSmith and Thomas Girardi of Girardi & Keese.

Fogel v. Farmers, Skadden Arps, Girardi & Keese,

The complaint alleges that in August 2003, Walter Lack (of Engstrom, Lipscomb & Lack) and Thomas Girardi and Graham LippSmith (of Girardi & Keese) filed a class action suit on behalf of plaintiffs Benjamin Fogel against Farmers Group, Inc. in Los Angeles County Superior Court. The suit — which is still pending and is anticipated to settle in September 2011 — was defended by attorneys from Skadden Arps (Raoul Kennedy and Richard Zurmoski).

Despite their respective roles as plaintiffs’ counsel and defendants’ counsel in Fogel v. Farmers, Girardi & Keese and Skadden Arps entered into an agreement by which Skadden Arps and partner Thomas Nolan would represent Girardi & Keese and Thomas Girardi before the Ninth Circuit in the matter of In re Girardi following the Ninth Circuit’s issuance of an order to show cause why Girardi & Keese, Engstrom Lipscomb & Lack, Thomas Girardi, and Walter Lack should not be suspended, disbarred, or otherwise sanctioned as a result of the massive fraud which took place in litigation pursued by them against Dole Food Company.

On July 13, 2010, the Ninth Circuit issued an order suspending Walter Lack for a period of six months and reprimanding Girardi; the order also imposed almost $500,000 in monetary sanctions against the two attorneys.

In Re Girardi

Skadden Arps Thomas Nolan

On July 14 2010, in an attempt to conceal their attorney-client relationship, Skadden Arps and Thomas Nolan filed a motion with the Ninth Circuit asking for their names to be redacted from the published opinion.

According to sources, including TLR’s legal correspondent — known as State Bar Insider (“SBI”) — the arrangement described above is disfavored and unethical; moreover, for such a reltionship to be authorized, Thomas Girardi was required to notify each member of the class he represents about his status as a client of Skadden Arps, and seek a waiver and obtain approval from his clients.

According to SBI, “on its face and based of my reading of “Freivogel on Conflicts,” it appears that Tom Girardi violated his duty of loyalty and zealousness as well as the duty of candor to his clients — the class that he allegedly represents.”

Moreover, according to sources, Skadden Arps has also violated multiple ethical rules and statutes by agreeing to undertake the representation of Girardi & Keese and Thomas Girardi.

A separate source stated: “Assume for the sake of argument that Skadden Arps feels a motion for sanction is warranted against Mr. Girardi in Fogel v. Farmers. Taking such action would require Skadden to be directly adverse to its client (Thomas Girardi) in the matter of In Re Girardi.”

Moreover, according to SBI, he never heard of a practice by which counsel is asking a court to redact her or his name from a published opinion. “They obviously were attempting to conceal the relationship, and now I am fairly certain as to why it was done,” SBI concluded.

Knowledgeable sources maintain that the ethics complaint seeks the removal of Thomas Girardi’s name from the roll of members of the State Bar of California, and asks that multiple years of actual suspension be imposed on Graham LippSmith, Raoul Kennedy, Thomas Nolan, and Richard Zurmoski.

Kreindler & Kreindler’s Gretchen Nelson Membership Record with Chancery Club (TLR Note: Notice Acquaintance Skadden Arps’ Thomas Nolan and Thomas O’Brien )

NELSON, Gretchen M.
Georgetown 83    
   
Kreindler & Kreindler LLP    
707 Wilshrie Blvd. 213.622.6469  
#4100
Los Angeles, CA 90017-3613
Fax: 213.622.6019  
email:  gnelson@kreindler.com

NEUBAUER, Mark A. (Diane)
U.C.L.A. 76    
   
Steptoe & Johnson LLP    
2121 Avenue of the Stars Ste 2800 310 734-3210  
Los Angeles, CA 90067 Fax: 310 734-3300  
email:  mneubauer@steptoe.com

NISSEN, Steven Allen (Lynn Alvarez)
Berkeley 76    
   
NBC Universal    
100 Universal City Plaza 818 777-9632  
1280/4
Universal City, CA 91608
Fax: 818 866-3363  
email:  steve.nissen@nbcuni.com

NITZKOWSKI, Greg (Barbara)
U.C.L.A. 84    
   
Paul Hastings Janofsky & Walker LLP    
515 South Flower Street 213 683-6180  
Los Angeles, CA 90071 Fax: 213 683-5942  
email:  gregnitzkowski@paulhastings.com

NOLAN, Thomas J. (Mariann)
Loyola 75    
   
Skadden, Arps, Slate, Meagher & Flom, LLP    
300 S. Grand Ave. 213 687-5250  
#3400 Fax: 213 621-5250  
Los Angeles, CA 90071 email:  tnolan@skadden.com

NYHAN, John (Connie)
Villanova 71    
   
Fredericks Peebles & Morgan    
1001 Second St. 916 551-3467  
Sacramento, CA 95814 Fax: 916 441-2067  
email:  jnyhan@ndnlaw.com

OAKES, Royal (Lauren)
UCLA 77    
   
Barger & Wolen LLP    
633 W. 5th Street 213.680.2800  
47th Floor
Los Angeles, CA 90071-2043
Fax: 213.614.7399  
email:  roakes@bargerwolen.com

O’BRIEN, Thomas
San Diego 93    
   
Paul Hastings    
515 S. Flower Street, 25 th Fl. 213.683.6146  
Los Angeles, CA 90071 Fax: 213.996.3146  
email:  thomasobrien@paulhastings.com

State Bar of California Board of Governors Roster -2012– (TLR Note: Notice Name of Kreindler & Kreindler’s Gretchen Nelson — Former Business Partner of Fraudster Susan Friery and Co-Counsel of Fraudster Thomas Girardi of In Re Girardi)

President

Streeter, Jon (District 4)
Keker & Van Nest
633 Battery St.
San Francisco, CA  94111
Phone: 415-676-2249
Fax: 415-397-7188
Jstreeter@KVN.com

 

Vice President

 

Carruth, Lowell T. (District 5)Lowell Carruth
McCormick Barstow et al LLP
P.O. Box 28912
Fresno, CA  93729
Phone: 559-433-1300
Fax: 559-433-2300
lowell.carruth@mccormickbarstow.com

 

Vice President

 

Davis, George (Public Member)George Davis
Davis Broadband Group, Inc.
6245 Bristol Parkway, Suite 297
Culver City, CA  90230
Phone: 310-877-0925
george@davisbroadband.com

 

Vice President

 

English, Jeannine (Public Member)Jeannine English
The State Bar of California
180 Howard Street
San Francisco, CA  94105
Phone: 415-538-2170
English@jeannineenglish.com

 

Vice President

 

Clark GehlbachGehlbach, Clark E. (District 1)
DA Placer County
10810 Justice Center Drive, #240
Roseville, CA  95678
Phone: 916-543-8000
Fax: 916-543-2550
CGehlbac@placer.ca.gov

 

Vice President

 

Hicks, Cheryl L. (District 3)Cheryl Hicks
1440 Broadway, #814
Oakland, CA  94612
Phone: 510-452-1117
bjusticeh@aol.com

 

Vice President

Kelly, Patrick M. (District 7)Patrick Kelly
Wilson Elser et al LLP
555 South Flower Street, #2900
Los Angeles, CA  90071
Phone: 213-443-5100
patrick.kelly@wilsonelser.com

 

Vice President

Lyman, Wells B. (District 9)Wells Lyman
P.O. Box 2085
La Mesa, CA  91943
Phone: 619-589-9984
Fax: 619-589-0073
wbl@cox.net

 

Vice President

Moore, Gwen (Public Member)Gwen Moore
4201 Wilshire Boulevard, Suite 615
Los Angeles, CA  90010
Phone: 323-954-3777

 

 

Members

Chang, Alec Y. (District 3)
Skadden Arps Slate Meagher & Flom LLP
525 University Avenue, Suite 1100
Palo Alto, CA 94301
Phone: 650-470-4684
Fax: 650-798-6500
Alec.chang@skadden.com

(Public Member)

This seat is vacant

Elsbernd, Samson (CYLA Member)
Wilke, Fleury, Hoffelt, Gould & Birney LLP
400 Capitol Mall, 22nd Floor
Sacramento, CA 95814
Phone: 916-441-2430
Fax: 916-442-6664
selsbernd@wilkefleury.com

 

Fineman, Nancy (District 4)
Cotchett, Pitre & McCarthy LLP
840 Malcolm Road #200
Burlingame, CA 94010
Phone: 650-697-6000
Fax: 650-697-0577

 

(Public Member)

This seat is vacant

Karen GoodmanGoodman, Karen M. (District 2)
Goodman & Associates
3840 Watt Avenue, Building A
Sacramento, CA 95821
Phone: (916) 643-0600
Fax: (916) 643-0605
kgoodman@goodman-law.com
Craig HoldenHolden, Craig (District 7)
The State Bar of California
180 Howard Street
San Francisco, CA 94105
Phone: 415-538-2170
cholden@lbbslaw.com

 

Kieve, Loren (District 4)
Kieve Law Offices
The Presidio of San Francisco
5A Funston Avenue
San Francisco, CA 94129
Phone: (415) 364-0060
lk@kievelaw.com
Mangers, Dennis (Public Member)Dennis Mangers
The State Bar of California
180 Howard Street
San Francisco, CA  94105
Phone: 916-425-8167
dennismangers@aol.com
Pearl MannMann, Pearl (District 8)
Law Office of Pearl Gondrella Mann
2501 E. Chapman Ave. #225
Fullerton, CA 92831
Phone: 714-992-4045
pearlgmann@aol.com

 

 

Gretchen NelsonNelson, Gretchen M. (District 7)
Kreindler & Kreindler LLP
707 Wilshire Boulevard #4100
Los Angeles, CA 90017
Phone: (213) 622-6469
Fax: (213) 622-6019
gnelson@kreindler.com
Rodriguez, Luis J. (District 7)
Division Chief
Law Offices of the Public Defender
320 West Temple Street
Los Angeles, CA 90012
Phone: 213-974-2992
Fax: 213-626-3519
lrodriguez@pubdef.lacounty.gov
Rosing, Heather Linn (District 9)
Klinedinst PC
501 W. Broadway #600
San Diego, CA 92101
Phone: 619-239-8131
hrosing@klinedinstlaw.com
Mark ShemShem, Mark (District 6)
Borton Petrini LLP
95 S. Market St. #400
San Jose, CA 95113
Phone: 408-535-0870
mshem@bortonpetrini.com

 

 

Related story @;
http://lesliebrodie.blog.co.uk/2012/02/14/addendum-to-in-re-toyota-motor-corp…

IN RE PACIFIC GAS & ELEC. CO. 331 B.R. 915 (2005) In re PACIFIC GAS & ELECTRIC COMPANY, Debtor.

IN RE PACIFIC GAS & ELEC. CO.
331 B.R. 915 (2005)
In re PACIFIC GAS & ELECTRIC COMPANY, Debtor.
No. 01-30923DM.
United States Bankruptcy Court, N.D. California.

June 1, 2005.

 Adam M. Cole, Heller, Ehrman, White and McAuliffe, San Francisco, CA, Benjamin Hoch, Law Offices of Dewey Ballantine, New York City, David Agay, Law Offices of Winston and Strawn, Chicago, IL, Dianne Coffin, Law Offices of Dewey Ballantine, New York City, Gary M. Kaplan, James L. Lopes, Janet A. Nexon, Jeffrey Schaffer, Kimberly A. Bliss, Howard, Rice, Nemerovski, Canady, et al., San Francisco, CA, J. Michael Kelly, Law Offices of Cooley Godward, San Francisco, CA, Jamie L. Edmonson, Skadden, Arps, Meagher, and Flom, Washington, DC, Jon B. Streeter, Law Offices of Keker and Van Nest, San Francisco, CA, Marc Hirschfield, Law Offices of Dewsey, Ballantine, New York City, Mari Snyder, Pacific Gas and Electric Co., San Francisco, CA, Martin S. Schenker, Law Offices of Cooley Godward, San Francisco, CA, Michael C. Hefter, Robert C. Myers, Law Offices of Dewey Ballantine, New York City, Richard Levin, Skadden, Arps, Slate, Meagher and Flom, Los Angeles, CA, Robert A. Van Nest, Law Offices of Keker and Van Nest, San Francisci, CA, Stacy D. Justice, Law Offices of Winston and Strawn, Chicago, IL, William J. Lafferty, Howard, Rice, Nemerovski, Canady, et al., San Francisco, CA, for debtor.
Stephen L. Johnson, Office of the U.S. Attorney, Patricia A. Cutler, Office of the U.S. Trustee, San Francisco, CA, U.S. Trustee.
Lorie A. Ball, Michael I. Sorochinsky, Paul S. Aronzon, Robert J. Moore, Milbank, Tweed, Hadley and McCloy, Los Angeles, CA, for Official Committee of Unsecured Creditor, Creditor Committee.

 

 
MEMORANDUM DECISION ON MOTION TO VACATE ENFORCEMENT ORDER
DENNIS MONTALI, Bankruptcy Judge.
I. Introduction
The City of Oakland (“City”) filed a motion (the “Motion To Vacate”) for an [ 331 B.R. 917 ]

 order vacating the Order Enforcing Order Confirming PG & E’s Plan of Reorganization (the “Enforcement Order”) entered on September 3, 2004. Debtor, Pacific Gas & Electric Company (“PG & E”), opposed the Motion To Vacate. The court held a hearing on April 25, 2005, and appearances were noted on the record. During the course of that hearing the court indicated to counsel for City that its complaint in the Motion To Vacate about PG & E’s failure to serve its Omnibus Motion To Enforce Order Confirming PG & E’s Plan of Reorganization (“Motion To Enforce”) filed on July 29, 2004, was well taken and that the court would grant the Motion To Vacate as long as City could show that it had a meritorious defense to the Motion To Enforce.
City was given time to submit proof that its failure to file a proof of claim based upon its cross-complaint for indemnity and contribution against PG & E in Dickinson, et al. v. PG & E, et al., Alameda County Superior Court No. 830495-5 (the “State Court Action”), was the result of excusable neglect. On May 9, 2005, City filed declarations of Barbara Parker, Latonda Simmons and a supplemental declaration of Jannie L. Wong. On May 23, 2005, PG & E filed its supplemental opposition to City’s Motion To Vacate, submitting the matter for decision.
After reviewing all of the papers presented and the arguments of counsel, the court has determined that the Motion To Vacate should be denied because City has not shown excusable neglect for its failure to file a proof of claim based upon the State Court Action by the October 3, 2001, deadline for the filing of proofs of claim by governmental entities. Thus it would be unable to defeat the Motion To Enforce.
II. Discussion

Full text @:

http://www.leagle.com/xmlResult.aspx?xmldoc=20051246331BR915_11149.xml

Bar Journal Article Re CCPF’s Stewart Kwoh and Justice Ming Chin (TLR Note:Safe to Assume J. Chin is Now Aware of Funneling of Cy Pres Money to Judy Johnson’s CCPF; Kwoh’s Entity A Grantee of CCPF)

Midyear meeting addresses issues faced by bar leaders, minority lawyers

Supreme Court Justice Ming Chin and Speaker of the Assembly Herb Wesson will be the featured speakers at the State Bar’s Midyear Meeting and the California Minority Attorneys’ Conference at the end of the month in Long Beach.

Supreme Court Justice Ming Chin
Justice Chin

The two conferences will overlap when it comes to discussions of career development, the effective practice of law, building membership and elimination of bias issues.

The bar leaders March 21-22 meeting, with a theme of “Making It All Work: Leadership from A to Z,” is being held for the first time in many years and is expected to bring together executives and elected officers of statewide associations, specialty bars, and both metropolitan and small bars.

It will offer training and networking sessions that will focus on enhancing leadership skills and dissect the nuts and bolts of leading a successful and vital bar association. Breakout sessions will address several specific issues for voluntary bars, such as increasing membership, raising non-dues revenue, electronic communications and writing and issuing president’s and executive director’s reports.

“Interaction with bar leaders and executive directors in bar associations throughout the state provides a great forum for the exchange of ideas, suggestions of what to do and not do, and identification of helpful resources,” said State Bar President Jim Herman, who also will address the conference. “The best way for any bar association leader to figure out how to deal with the group’s problems is to network with other leaders who may be experiencing the same issues. The Midyear Meeting provides an opportunity to do just that.”

Angela Blackwell
Blackwell
Stewart Kwoh
Kwoh

At a joint session with the California Minor-ity Attorneys’ Conference (CMAC) Saturday, Angela Blackwell and Stewart Kwoh, authors of Searching for the Uncommon Common Ground, will discuss a recent study on new dimensions of race in America, highlighting the skills needed to be effective in a changed demographic landscape. The session will provide an opportunity for dialogue among traditional bar leaders and minority attorneys on leadership, inclusion and diversity.

Television’s “Divorce Court” Judge Mablean Ephraim will deliver the luncheon address.

Sponsored by the bar’s Ethnic Minority Relations Committee, the conference will focus on access and fairness issues, as well as career development and the successful practice of law.

Seminars include “Secrets of Success,” “Winning Trial Practice,” “Building a Diverse Bench,” and “Alternative Careers and Marketable Skills for Jds.”

CMAC also will address issues such as working for the government or a public interest organization, the art of cultivating clients, networking your way into a dream job and how to become your own boss.

Panelists include Judge Veronica McBeth, Los Angeles County Superior Court, Judge Becky Dugan, Riverside County Superior Court, Michael Yamaki, appointments secretary to Gov. Davis and Edward Goines, general counsel for the San Francisco 49ers.

Sponsors of the events include Whittier Law School; Alameda County Bar Association; Northern San Diego County Bar Association; Cozen O’Connor; Heller, Erhman; Milbank Tweed; Cooper, White and Cooper; Sideman & Bancroft; Inter-active Law Group; Skadden Arps; Southern California Chinese Lawyers Association; and the University of West Los Angeles.

Full details of the conference and registration forms are online at www.calbar.ca.gov. For more information about the bar leaders meeting, call 213-765-1329; for the minority attorneys’ conference, call 415-538-2219. Participants can earn up to 4.5 hours of MCLE credit.

CCPF’s Stewart Kwoh and California Supreme Court Justice Ming Chin featured speakers at Official State Bar of California Meeting (TLR 1- Note: No Mention of CCPF and Judy Johnson 2- Sponsored by Skadden Arps)

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