Supplemental Complaint – Craig Franklin and Jacqueline Misho – Santa Barbara Police Department
Charges: Grand theft of property, perjury, suborning of perjury, fraud, flagrant endangerment of a disabled person, conspiracy to conceal evidence from the Superior Court of Santa Barbara.
The crimes herein cited took place in 1998. Evidence only came to light recently.
Without the cooperation between Craig Franklin and Jacqueline Misho the crimes could not have been committed.
In December of 1997 my then husband, Craig Franklin, retained as counsel Jacqueline Misho. As far as I knew all was well with our relationship. Franklin decided to leave me and do all within his power to see I was left penniless.
He and Misho went over a series of issues relating to marital property and money which would be my share of marital property. Misho advised him what needed to be done to hide the facts. Franklin carried out her orders. These strategies included stealing documents, committing perjury, and fraud. Misho personally assisted with concealment of evidence, herself stole documents, and provided wording for documents to be substituted for those then existing.
Now, the evidence has surfaced.
Both are guilty under CALIFORNIA CODES - PENAL CODE -SECTION 182-185, 182. (a) (3) (4) and SECTION 118-131, 118. (a) for conspiracy to commit fraud, grand theft, and perjury among other offenses. B Misho is also guilty of federal crimes under 18 U. S. C.
The points Franklin asked about were as follows:
Franklin asked: How to deny me a marital interest in stock options from the corporation where Franklin was Senior Vice President. Franklin had signed an agreement for these options in October of 1996, when the company made its option agreement available. Franklin was the first to sign, before my birthday, October 26th, 1996.
The value of stock not granted because of perjury, fraud and conspiracy is worth millions of dollars.
Value of Stock – While Green Hills Software is still a private company its stock is yielding dividends of $.80 a share. Even with the substitute stock option agreement I was granted 142, 314 shares of stock that were to be exercised for me and handed over. I am therefore owed dividends of approximately $600,000. This constitutes grand theft in itself. Absent the conspiracy by Misho and Franklin I would have automatically had a marital share of 300,000 shares, more than twice what was awarded.
The value of GHS stock has been estimated at between $30.00 a share and $150.00, This makes the fraud and perjury successful in denying me shares worth from what was granted at $4,269,420 to $21,347,100. This does not account for any other costs normally granted in an instance of this kind, which would include both interest and treble damages, bringing the total to around $100,000,000.
Advice from Misho -
Misho told Franklin to tell Green Hills President, Dan O'Dowd, to have written a new stock option agreement, inserting language she provided. The new agreement was written by an attorney in Los Angeles, Ruth Fisher, Bar No. 93769. Franklin admitted the fraud, citing Misho's role, during a conversation taped by Morgan Pillsbury in October of 1999. [Morgan Pillsbury – Franklin Transcript, 1999]
Franklin Asked: How to avoid paying child support for our sons. Arthur Foster, our 19 year old son, was in a conservatorship due to a motorcycle accident on September 27, 1997. I was and am Arthur's conservator.
Advice from Misho -
Steal the documents memorializing the adoption. These were Franklin's Will, filed at our home at 2028 Anacapa in Santa Barbara and the notarized letter from Ron Foster. This was filed with other papers and Misho missed it while ransacking my office. Lacking the Will it was not considered by the court. Both Misho and Franklin are in violation of the following CALIFORNIA CODES, PENAL CODE, SECTION 484-502.9, 484. (a) (See Points and Authorities)
Our youngest child, Justin Foster, then 12, had just successfully completed a program for children having emotional problems. He was under the care of Dr. Michael Marquart, still practicing in Santa Barbara.
Advice from Misho -
Force Justin into a lock down school, despite the advice of his therapist. If that fails, deny he is your son using the same means as with Arthur. Franklin went into court and denied he was Justin's father. The next autumn he recanted.
Carrying out the crimes: Between January 1 – 10, 1998, Misho was brought into the family home at 2028 Anacapa by Franklin to remove documents that would prove the adoption was of long standing and binding. I was in Hawaii with three of our children. Scott had returned, as had our youngest daughter, Ayn. Morgan, our oldest daughter was in the home and witnessed what happened.
Misho went through my property, removing documents and items proving the long term nature of the adoption. She removed a document written by my father documenting how to produce the unique d'orotones produced by my grandfather, Arthur C. Pillsbury. Because I do not have these instructions I have been unable to reissue the d'orotones, costing me hundreds of thousands of dollars. Because it was unique, the document was priceless. Other items, including original photographs of Yosemite, were also missing along with my personal documents, including records of my previous marriages.
Misho went through my computer, copying and removing documents at will. This is grand theft and conspiracy to commit grand theft with Franklin, actionable under Statute.
Rare Pillsbury photos, such as these, sell for tens of thousands of dollars. Missing without explanation were d'orotones of Yosemite Falls and Half Dome. Also missing were pictures of myself with the kids. [Morgan Pillsbury Gell Affidavit II, 2009]
During the period late December, 1997 until I knew he was leaving me on January 22, 1998, Craig hammered me about Justin, insisting he be forced, against Marquart's suggestions, into a lock down school.
Franklin Asked: How to maximize the emotional impact of the divorce in hopes I would die. Franklin said this to my daughter, Morgan, and to others.
Advice from Misho -
Keep the financial pressure on. Do not pay her support. Influence her children, offering them money and gifts to support you. Hammer her with depositions that last for days and force her to read hundreds of pages of records despite medical letters stating this causes stress and problems with her heart. Make it impossible for her to sleep through the night because she never knows what is coming.
The record from the court proceedings show this is exactly what happened.
In court, Franklin denied an adoption had taken place. This was perjury. Misho had assisted Franklin in negating an adoption of many years standing in the eyes of the court, suborning perjury and fraud.
In court, Franklin denied he was the father of Arthur Foster. Believing he could be accountable for support despite his denials he manipulated the recovering victim of a severe brain injury, causing him to attempt suicide. This constitutes reckless endangerment, endangerment of a disabled person,
[Arthur Foster, Affidavit, 2009] [Morgan Pillsbury Gell Affidavit II, 2009]
Background - Documents
Franklin adopted the children of Melinda Pillsbury-Foster in 1989. Franklin signed an agreement with Ron Foster, their father, agreeing to undertake their full support if Foster would sign a document giving up all paternal rights. Foster so agreed, signing a document giving up his rights on June 21, 1989. Thereafter he told the children Craig was their father and responsible for them. [Foster Paternity Agreement] [Morgan Pillsbury Gell Affidavit I and II, 2009] [Arthur Foster Affidavit, 2009]
On June 26, 1989, Franklin signed a Last Will and Testament, prepared for him by his brother, Sterling Franklin, an attorney licensed in the State of California. The document was witnessed by Kathy K. Downs. In October of 1991 a substitute Will was signed by Franklin. The only changes were to remove debts, then paid, change the recipient for few items of little value, and change the executor. [Craig Franklin Wills, 1989 & 1991]
Because of Franklin's constant financial problems the couple had waited to go to court and formalize the adoption. Notwithstanding, all parties accepted the adoption as binding. The children named Franklin as their father to friends and family. Their financial problems were caused by Franklin's not filing his IRS returns. I did not know the problem existed. Franklin lied to me, saying he was owed commissions which had not yet been paid. Comments about 'the pipeline' where the money was stuck were family jokes.
In January of 1997 I discovered Franklin had lied about filing his IRS returns. We were near bankruptcy and our home was approaching foreclosure. I solved the problem. I went through boxes of documents Franklin had secreted at work. After familiarizing myself with the facts I wrote a letter threatening the IRS with the Americans with Disabilities Act on Craig's behalf. [IRS Correspondence] [Letter from Dr. Marquart on Franklin emotional disability] I brought the returns up to date and in the next months received around $250,000 in tax refunds, paying off our family debts.