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.
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