Monday, February 9, 2015

August 31, 2009 - Criminal Complaint – GHS, O'Dowd, Franklin - Santa Barbara Police Department

Supplement to Criminal Complaint – GHS, O'Dowd, Franklin - Santa Barbara Police Department
Filed by: Melinda Pillsbury-Foster

Charges: Grand theft of property, perjury, suborning of perjury, fraud, flagrant endangerment of a disabled person, attempted murder for profit, conspiracy to conceal evidence from the Superior Court of Santa Barbara, from the states of California and Delaware, and the U. S. Department of Justice.

The crimes herein cited took place in 1997 and forward. Without the conspiracy between Craig Franklin, Dan O'Dowd, and Amy Chang O'Dowd, the crimes could not have been committed.

In January of 1998 my then husband, Craig Franklin, filed for divorce in Santa Barbara. Franklin reached an agreement with his employer, Dan O'Dowd, president of Green Hills Software, Inc. (GHS). The two men agreed to cooperate in the commission of crimes against myself and Glenn Hightower. Hightower was then O'Dowd's partner. Each man, Franklin and O'Dowd, would undertake actions to defraud the party targeted by the other. Amy Chang both benefited from the actions and was party to them. The strategy allowed them to disassociate themselves from actionable crimes but the actions lead to further acts, necessary to conceal their original acts.

The Hightower portion of their plan was successful. Hightower was forced out at a price Hightower characterized as artificially low, 50 million dollars. [Exhibit 7 a – e, Hightower v. O'Dowd]

The success of GHS depended on retaining Franklin as an employee. O'Dowd had been unable to make the company profitable until Franklin was hired and began producing the custom products then sold retail by their marketing department. [Exhibit 14 - Graph of GHS Finances 1982 – 2007] [Exhibit 2 - Letter from Dr. Marquart] [Exhibit 3 – IRS Correspondence] [Exhibit 19 - Pillsbury-Foster Declaration I, 2009] [Exhibit 20 - Morgan Pillsbury Gell Affidavit I, 2009]

To carry out their plans O'Dowd had an alternative stock option agreement written by Ruth Fisher, Bar No. 93769. [Exhibit 5 - Substitute Stock Option Agreement, January 1998] Language in the document was provided by Franklin's attorney Jacqueline Misho, Bar No. 101112, who on behalf of her client committed criminal acts. [Misho Criminal Complaint, filed with Santa Barbara Police, August 31, 2009] Despite these efforts the court awarded a portion of the stock options to Pillsbury-Foster in the decision of August 16, 1999. [Exhibit 10 - Divorce Judgment, August 16,1999]

These were to be turned over to Pillsbury-Foster as Franklin exercised them on a schedule provided by the court. Franklin never turned over the stock or dividends, despite numerous demands. Franklin never intended to turn over the stock or pay the dividends. [Exhibit 11 - Morgan Pillsbury – Franklin Transcript, 1999] Instead Franklin, still in cooperation with GHS, continued attempts to reduce Pillsbury-Foster to poverty, believing she would die. The expectation was founded on my heart condition, known to them. [Morgan Pillsbury Gell Affidavit II, 2009] [See court records, Pillsbury-Foster, 1998 – 2005] This constitutes attempted murder. Many statutes apply in the case for each accused party.

The conspiracy continued unproved, the O'Dowds realized billions in profits while Franklin victimized a series of women, acting out his fantasies of sexual dominance and incest. These crimes were the result of the conspiracy initiated by both O'Dowds.

To retain Franklin the O'Dowds allowed him to use their company to build a set of illusions covering his psychological disabilities. Those disabilities had previously driven him from every job he held within three years due to his inability to deal with authority figures. Franklin had never filed his taxes. [Exhibit 3 - IRS Correspondence] [Exhibit 2 – Letter Dr. Michael Marquart]

In so doing both O'Dowds used a disabled person, dangerous to others and himself. Franklin's disability was recognized by a federal agency, the IRS, in 1997 and documented in the Marquart Letter cited above. In so doing the O'Dowds put myself and my children and others at risk, a danger that continues today. Their motive was profit.[Exhibit 14 - Graph of GHS Finances 1982 – 2007] [Exhibit 30 – Pillsbury-Foster Declaration, Fisher Emails]

All parties 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 to be determined by the agencies to which this complaint is submitted.

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.

Since the O'Dowds own 97% of GHS they profit by $60,000,000 every quarter for their crime, just in dividends. Their total profits are much higher.

Material to be subpoenaed:
All emails from and to Craig Franklin in storage and on his computer controlled by GHS.
All emails, originals of correspondence, and other evidence now held by Anne Fisher, owner of Spa-Gos Day Spa in Los Angeles.
All emails and correspondence between Franklin and Jacqueline Misho, email and hard copy.
All emails and correspondence between Timothy Buynak and all officers of GHS.

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