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From: "Lyn Gerry" redlyn@loop.com
Dear All, Yesterday (see below) we began contacting the Attorney General of California to ask him to prevent Pacifica Foundation from taking the Pacifica financial records out of California to Washington, DC because important records that we need in our legal cases could be "lost." (more info on this campiagn is at http://www.radio4all.org/freepacifica/murdock/lockyer_seize.html) THERE IS SOMETHING ELSE VERY IMPORTANT THAT WE NEED TO DO: Write to a Federal Judge! Read on... In order for injuNctions to be filed to stop the Murdock by-laws changes that would allow fast track sales of the stations, the moving of offices and records and so on, the cases must be IN COURT. The Listeners Lawsuit, which was granted standing to sue on behalf of the AG, which plans to ask for an injunction is presently in LIMBO because of the delaying tactics of Epstein, Becker and Green on behalf of their clients on the Pacifica Board. When the Listener Suit, and the suit by friendly Directors were filed, Pacifica's attorneys asked for them to be removed to Federal Court. This was a way to delay the demand to produce the financial records - and that means EVERYTHING, ALL OF THEM, EVERY CHECK, BANK STATEMENT of the Foundation, something that both the Director's Suit and the Listeners Suit (because of the involvement of the AG) are in a position to do. This tactic also buys them time to further destroy Pacifica, while running up our legal costs. So, these important and powerful tools to save Pacifica, those lawsuits, are presently in limbo because the are "on the desk" of Federal District Judge Martin Jenkins, who is deciding what court they should be heard in. And while he is deciding, they are in NO court, and so injunctions CAN'T be filed. Judge Jenkins has no way of knowing that what was filed as a routine sort of procedural motion, from his perspective, is a matter of vital urgency. WE NEED TO LET HIM KNOW, and ask him to please expedite our cases so that our lawyers can file emergency restraining orders. Unfortunately, we can't do this on line or by phone, we have to write or send telegrams. To make matters worse, as of Jan. 31st Western Union discontinued its mailgram service and only offers a next day service of $25 for fifty words. Seems to me that, for half the price, one could use Express Mail or Fed Ex, so I recommend that. And, if the price is too steep, by all means sending a first class letter for 34 cents good too! THESE LETTERS MUST BE POLITE AND RESPECTFUL OR THEY ARE WORSE THAN NOTHING! Make yours extra polite in fact, since the opposition will probably send offensive letters and try to attribute them to us. (This has happened before) So let's overwhelm that little CoIntelpro type tactic, with large numbers of our excellent letters. WRITE TO:
Honorable Martin J. Jenkins
FAX NUMBER for Judge Martin Jenkins: (415) 522-3605 SAMPLE LETTER: (it doesn't have to be long, or in legalese. Type if you can, hand-write legibly if that is your only option. The most important thing is to do it!) Dear Judge Jenkins, I am writing to ask you to please expedite your decision on the Pacifica cases which are presently before you. Emergency restraining orders are needed to prevent Pacifica's Directors from destroying financial records, moving out of the state of California, and amending the by-laws to fast-track the sale of irreplaceable Foundation Assets. Please issue your ruling right away so that the lawyers handling the Pacifica cases will have a court where they can file requests for emergency restraining orders. Sincerely __________
-----------------------faxing the judge----------------------
I just this minute got a FAX NUMBER for Judge Martin Jenkins -- it is (415) 522-3605 This will save a lot over Federal Express, telegrams, messenger delivery, etc.!! Apparently they are aware of the lawsuit (at least the Spooner lawsuit) at the Judge's office and are willing to accept faxed letters to this number. We are also concerned about the Directors' lawsuit, which also is hung up the same way. (Their voice phone number is 415 522-2123, but you must put your views in writing.) FAX NUMBER for Judge Martin Jenkins: (415) 522-3605
From: "Lyn Gerry" redlyn@loop.com
PLEASE FORWARD WIDELY Pacifica is planning to move its finance office to Washington, DC and this must be stopped! It's urgent that we all contact California Attorney General Bill Lockyer and tell him to seize the books of the Pacifica Foundation immedately before important evidence is "lost" in the move. One of the major aspects of the takeover of Pacifica has been financial secrecy. In June 1999, the Finance Committee of the Pacifica Board voted, contrary to law, to close all of its future meetings to the public. Minutes of that meeting, which we were able to obtain can be read at http://www.radio4all.org/fp/fmfc695.txt In February of 1999, Larry Bensky made a presentation at a Pacifica Board meeting in Berkeley, CA that demonstrated that though Pacifica was taking increased revenues from the stations, and that means the money that you donated, it was not being spent to develop national programming, as was claimed. Where did the money go, and where is it going now? The text of his remarks and accompanying charts are at http://www.radio4all.org/fp/bensky_proposal.htm Pacifica National has taken over the books of all the stations, placing all funds under the direct control of the finance office which until two weeks ago was headed by Pacifica Controller Sandra Rosas. By an interesting coincidence, Ms. Rosas was terminated just as our lawsuits are in the process of arranging to take her deposition, and financial records are being subpoenaed by our lawyers. Sources inside Pacifica say that Rosas was asked to name her own severance arrangements. Can you say "bought off?" One thing is clear. Pacifica National has taken a lot of trouble to keep its finances secret. What are they hiding? The by-laws proposal submitted by John Murdock of Epstein, Becker and Green begins with a provision that would change Pacifica's "principal" office to Washington, DC. Many see this as an effort to evade California law, and to evade the legal power of the California Attorney General stop Pacifica's misuse of donor funds. The Pacifica Foundation is chartered in the state of California as a public benefit non-profit corporation. That is why the Attorney General and the state legislature took a very real interest in the struggle following the crackdown at KPFA in 1999. The Joint Legislative Audit Committee held a hearing and later issued a report detailing extensive malfeasance on the part of Pacifica management. The AG reviewed the Listeners' Lawsuit (aka the Spooner Lawsuit) and granted his permission to proceed (a legally required step). Mr. Lockyear needs to hear from us now, especially from Californians, that he must seize Pacifica's books before important evidence disappears, evidence that might even document actual criminal wrongdoing! It must not be "lost" before these issues can go to trial. Please call his office in Sacramento today (916) 445-9555 and ask him to take emergency action to seize the books of the Pacifica Foundation now, as he is entitled by law to do. It is very, very important! Lyn
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There is now a web form on the front page of the Free Pacifica site http://www.radio4all.org/freepacifica that will guide you through the process of submitting a formal complaint request to the Attorney General, as well as info on FAX, hardcopy, background and talking points.
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Hello everybody --
I also learned the 800-number for the AG's office -- unfortunately, it only works for people in California: (800) 952-5225. In order to speak to an actual human being, the best thing to do is ignore the instructions for touch-tone phones and proceed as if you have a rotary phone (thus avoiding the whole voice-mail menu). I had to wait approx. 7-8 minutes before my call was answered. I think we should continue to bombard them with phone calls as well as written requests for action.
Craig Gingold
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