1. black marker - May 20, 2009
Da..d Spring…ld, Attorney at Law November 19, 2007
To All Board Members of the Fellowship of Friends, Inc. and Giova.ni Bu.co
Re: No Further Legal Representation
Dear Board Members and Giova.ni
I am not sending this letter because I like writing of these matters or because I want to repeat what has already been stated repeatedly by both Abraham and me. This letter is written because of my professional obligations and my personal obligations to the School.
My professional responsibilities require me to send this letter to confirm again that I will provide no further legal services to the Fellowship of Friends, and have stopped working on all ongoing legal matters that I was involved with. This letter also advises you to immediately work with Abraham Goldman and/or other legal counsel to handle the legal work I was involved in and to address other ongoing and/or upcoming legal matters that I will outline in this letter.
The recent board activities have been covered in a number of letters and emails by Abraham and me. None of the communications were ever acknowledged or responded to by any board member.
As you know, Abraham and I were instructed to stop all legal work. First, a directive was issued on November 3, 2007, via email, on behalf of Et..n Har..s, Chairman of the Board, through R.se Ke.n.dy S.afer Vice Chairman of the Board, without explanation, question, or discussion. My emails and letter of November 6, 2007, about this heavy-handed and improper directive were ignored by all board members.
Next, I wrote to Li.da T.li.so who ignored my question about what to do about the ongoing legal work but was ignored. After learning about the secret board meeting and illegal vote that took place on or about November 10, 2007, I talked with Li.da T.li.so the President in person at her office on November 13, 2007. Linda confirmed the secret vote of the Board (although both W.yne Mo.t and Al.n Sc.wa.tzbe.g lied that no other “crisis team” members voted at the secret Board meeting) and Linda instructed me to suspend all my legal work. I confirmed this in a letter dated November 13, 2007 that has also been copied to all of you. There was no response to this letter from anyone.
On November 18, 2007, I was voted off the Board of Directors. Now, no longer working as attorney, nor being able to act as a member of the Board, I will be unable to assist the Fellowship with any legal work or offer any oversight.
All of this occurred after one week of false and contradictory statements by W.yne Mo.t, Al.n Sc.wa.tzbe.g, Et.an Ha.ris and others about the secret board meeting where this was already decided in advance. Only G.eg Hol.an acknowledged yesterday that the secret Board meeting was improper and that he wished that matters would have been done openly and correctly.
The failure by almost all of the Board members to even have the decency or honesty to acknowledge a secret Board meeting was held and a secret vote taken (to vote the lawyers off the Board), without any opportunity to address the issues by the persons involved is below the level of school work for any student, let alone a board member with responsibility for our church.
Al.n Sc.warzbe.g refusal to show the minutes of the secret Board meeting, and subsequent refusal to return my many calls and emails, is conduct that is highly irregular for the Secretary of the Corporation and the Board of Directors. To date, I still have not obtained a copy of the “RESOLUTION OF THE BOARD OF DIRECTORS” that I personally saw when both Alan and Wayne in heavy-handed fashion informed Abe and myself, on November 12, 2007, we were voted off the Board.
It is my feeling that what occurred over the last three weeks is a combination of crime, gross carelessness and ignorance of almost all Board members.
In my opinion, serious crimes have likely been committed and are possibly continuing to be committed by current members on the Board. This should be addressed immediately. As I wrote about in my letter of November 6, 2007, the requirement of legal compliance and checks and balances within our organization needs urgent attention. The Board has been for some time but a passive “rubber-stamp” board without active or meaningful oversight. This almost complete inaction may create the impression of the Fellowship as a criminal organization that is functioning as the later ego of Robert Burton, involved in a conspiracy to engage in financial, tax and immigration fraud, and perhaps other illegal activities and/or tortuous conduct.
Responding to a call from Mr.Margalli? this morning. I gave him my impressions of yesterday's Board meeting. Mr. Margalli? suggested I write a confirming letter and cover the ongoing legal work that you must all appreciate should be addressed immediately.
This list does not purport to cover all of the areas that need immediate and significant work, and you should immediately consult with Abraham and all other lawyers for the Fellowship.
The legal work I have been involved in covers the following areas:
1. Immigration. Ongoing assessment and evaluations of the needs and requirements of our religious programs/individual's status and possible need to go back to their country of origin. I will notify Mr. Shusterman of the fact I will be no longer working with him on behalf of the Fellowship. I was also working with a number of individual students who would call with questions in the last months.
2. Financial Compliance. This is critical and should be a top priority. You have knowingly allowed having a system in place where the CFO is made responsible but essentially helpless and without authority. The CFO is not being consulted in important decisions. The Fellowship's financial activities, in my opinion, could be seen as criminal conspiracy to commit tax fraud and private inurement benefiting Robert and a number of other individuals (including possibly some Board members) and could be considered a fraud on the government. The status as a non profit corporation could well be in serious danger.
3. Investigation/Monitoring of Blog?GF/PR, etc. Several times this year I have written to Youtube or other websites to have offending material taken off line. This has been largely successful. I also have conducted an investigation into aspects of the Blog and some individuals with the aim to allow us to file suit for defamation and/or invasion of privacy if and when appropriate. I have worked on obtaining PR consultations for which then no funding was purportedly available. (Nic.ol.s Spa.ldi.g who was helping in this area, was threatened by Et.an Har.is to stop working with Abraham and myself) This area should be a major concern for the Board which has been almost totally unresponsive.
4. It was our diligent monitoring of the blog that put us on notice that A.af Brave.man's arranged (by Fellowship officers and/or agents) fraudulent marriage to Elisa.et.a da Ros was being exposed to the world. This finally stimulated action in this area but more is needed. I will no longer monitor the Blogs or any other sites, in any language, and will no longer assist with analysis and efforts to bring these matters into compliance. A lot more needs to be done in this area for many involved.
5. Insurance. We were working on a review of all materials from the Internet and other sources that could constitute a claim (including foreign websites). I wrote about this before as well. Insurance could possibly pay for some of the costs incurred, including legal costs. I will stop all my work on this claim process, including any work on the research into the bad faith claim aspect of the insurance which I wrote about before. TIme may be on the utmost essence. Se my letter of November 6, 2007.
6. Other matters: There are outstanding million dollar judgments from the Ming litigation era that will need to be renewed in the next years, if the Fellowship wants to collect on them. I had this calendared for a review in January 2008, 10 years after the first settlements and judgments were obtained. Given the success we have had collecting from various parties, I would consider this an important item to follow up on. I will no longer take any action in this area either.
In short, the overall picture is in my opinion that the Fellowship itself, Robert, and a number of our friends, including several board members and officers, continue to be in potential legal jeopardy and liability.
With the information, according to what I gathered from my investigation, shared by certain former members to various agencies, I cannot envision that there will not be an government investigation and/or lawsuit in the planning/preparation stages with possibly serious consequences for the Fellowship, the Board of Directors, Robert and possibly a number of individual students, including possibly individual Board members.
A fully professional and active compliance team to put matters straight must be created. This team would need to be working daily, hands on, with the supervision and input from professionals. The existing irregularities cannot be hidden from the people that need to help bring us into compliance.
Again, I am no longer acting as the Fellowship's attorney. Immediate attention is required to the numerous outstanding legal issues facing the Fellowship. You are advised to consult with legal counsel immediately.
Thank you for your time and consideration to these important matters. Do not hesitate to call if you have any questions. Very truly yours, Dav.d Spri.gfield
cc. Robert E. Burton ??? Abraham Gold.an, Esq.