2/25 update -- Carol Spooner says, Please do not make any more requests of the Attorney General -- he is on our side and has done all he can. But you can thank him. She said:
"For those of you who have been contacting the Calif. Atty. General's office about the proposed bylaws changes, etc., at this point, any communications to the California Attorney General should be ones of THANKS. He granted us standing last September to sue on behalf of the State's interest in proper conduct of California nonprofits, is in close contact with our attorney, and has been very helpful to our efforts. (But he cannot do more than that. It's up to the courts now.) More phone calls to the AG's office, etc., are counter-productive at this time. Thanks." --Carol Spooner, 2/25/01
2/7/01 ***EMERGENCY -- WRITE OR FAX ATTORNEY GENERAL LOCKYER AT ONCE***
and send this out in an email message to everyone you can think of:
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please act now to prevent Pacifica from fleeing California justice
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SEE BELOW FOR CORRECT PROCEDURE or
GO HERE FOR A WEB-FORM and the info to walk you through it!
[here's a basic sample letter]-- FORWARD this message WIDELY -- THOUSANDS OF E-MAILS,
FAXES AND LETTERS ARE NEEDED IMMEDIATELY
Pacifica Begins Removal of Finance Records - Attorney General Intervention Urgently Needed!
Pacifica has started to remove its finance records out of state, shortly before the deposition of Controller Sandra Rosas in the Local Advisory Board lawsuit against Pacifica. This is supposedly being done in conjunction with an announced move of the finance office to Washington, D.C.
THE CALIFORNIA ATTORNEY GENERAL NEEDS TO STOP THIS REMOVAL OF POTENTIALLY DAMAGING INFORMATION...which may reveal irregularities or illegalities in Pacifica's recent operations.
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background information:
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>The by-laws proposal submitted by John Murdock of Epstein, Becker and Green
would change Pacifica's "principal" office to Washington, DC, and remove
Pacifica from the reach of California law and the power of the
California Attorney General.
>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 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 demonstrating that increased
contributions to the stations [YOUR DONATIONS] were not being
>spent on programming as was claimed.
Where did the money go, and where is it going now?
><http://www.radio4all.org/fp/bensky_proposal.htm>
>
What are they hiding?
***MAKE PACIFICA STAY IN CALIFORNIA AND ANSWER THESE QUESTIONS***
>
>Mr. Lockyer needs to hear every concerned California taxpayer's request
>that he seize Pacifica's books before important evidence disappears.
>Evidence that may show criminal wrongdoing must not be "lost" before a
>trial takes place.
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keep Pacifica accountable to California law
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The Attorney General's office is already hearing from people. The more numbers, "the higher profile" the complaint, so please add to those numbers!
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FORWARD WIDELY - THOUSANDS OF E-MAILS, FAXES AND LETTERS ARE NEEDED!
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THE COMPLAINT MUST BE IN WRITING
You can do it online:
>http://caag.state.ca.us/piu/mailform.htm [but it is easier to use Lyn Gerry's custom-made form at http://www.radio4all.org/freepacifica/murdock/lockyer_seize.html ]
>
You can fax it to: 916-323-5341
You can send hard copy:
State of California
Office of the Attorney General
Department of Justice
P.O. Box 944255
Sacramento, CA 94244-2550
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YOU MUST INCLUDE THIS OFFICIAL PACIFICA ADDRESS
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for the Pacifica Foundation Financial Office:
Pacifica Foundation
3729 Cahuenga Blvd. West
North Hollywood, California 91604
Significant points to make, in stating the nature of the complaint:
* The Pacifica Foundation is a public benefit non-profit chartered in
California.
* Litigation is in process, of which the attorney general is aware, that
charges financial malfeasance and violations of Pacifica's charter by the
present governing body of Pacifica.
* Those attempting to remove Pacifica's financial records out of the state
are defendants in this litigation.
* Therefore, the attorney general should seize the foundation's records
IMMEDIATELY to preserve all records, and their authenticity.
2/7/01 10 PM: see latest report
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more background information
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>
>In 1999, the Joint Legislative Audit Committee held a hearing
and later issued a report detailing EXTENSIVE MALFEASANCE on the part of
Pacifica's management. Attorney General Lockyer reviewed the Listeners'
lawsuit and granted his legally required permission for it to proceed.
[see http://home.pon.net/wildrose/remove.htm
or TO SUPPORT THE UMBRELLA LEGAL FUND (distributed equally among all three
law suits pending against the Pacifica board) send checks to:
Free Pacifica Legal Action/Vanguard Foundation
c/o The Vanguard Public Foundation
383 Rhode Island Street, Suite 301
San Francisco, CA 94103
>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's Controller Sandra
>Rosas. Ms. Rosas became unavailable just as her deposition was to be taken,
>and financial records were being subpoenaed. Sources inside Pacifica say
>that Rosas was asked to name her own severance arrangements ("bought
>off?").
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latest report
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>From: "Lyn Gerry" <redlyn@loop.com>
>Date: Wed, 7 Feb 2001 14:15:05 -0500
>
>Hi Folks,
Peter Franck, attorney and former president of Pacifica says he reads "the
Murdock by-laws as clearly intended to facilitate a move to another state.
To do that they would have to set up a new entity (the Mary Frances Berry
Foundation?) in [a place], DC or Delaware probably, which does not
seriously supervise non-profits."
He says the revised bylaws are much vaguer than normal; and that while
assets would have to be transferred from the foundation to another
corporation, that would be easy.
The FCC would have to approve transfer of licenses to another corporation.
"Under Kennard, I thought we would have a chance to stop that, or at least
get a hearing . . . "
But under Colin Powell's son, "the FCC would be a rollover for the
MFB-Murdoch crowd."
Rosas, Pacifica's present controller, whom Peter says is "firmly rooted in the
>LA community and undoubtedly not interested in moving to DC" is on
>'administrative leave' and may count on "a golden parachute."
Peter says further: "I have not researched this question, but transferring
ownership of building and licenses to a new non-profit, e.g. the MFB
Foundation of Delaware, would put the law suits in an interesting and difficult
>position. Pacifica as a corporate entity would still exist, but it would
>be an empty shell without assets . . . winning the lawsuits would probably
>>accomplish nothing useful.
>
Peter reminds us that, like the crony Clinton pardoned, a wealthy illegal
alien need not suffer what a poor one experiences.
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for completest information, see:
>http://www.radio4all.org
>http://www.radio4all.org/freepacifica
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