Melinda
Pillsbury-Foster
Timothy
Buynak
Buynak
Law Firm
820
State Street, 4th Floor
Santa
Barbara, CA 93101
11/4/2008
Re:
Settlement Agreement, March 30, 2001, Pillsbury-Foster vs. Franklin,
et al
Dear
Attorney Buynak,
As
you know all the documents, powers of attorney, legal and tax
recitations described in the
“Settlement
Agreement” (SA) have no legitimate legal standing over me. Despite
that fact you
seem
to believe that the SA creates new law. You created and are
responsible for all of the
fictitious
documents in the SA. It is worded to assure that every other attorney
who signed any of
the
documents is responsible to the same degree as you are. I suspect
that the way the SA is
worded
that you intended that if you were found liable for your legal work
that the liability would
also
adhere to all the attorneys who signed the agreement. So if you went
down, all the signing
lawyers
would go down with you. Perhaps you envisioned a mutual protection
pact. I intend to
test
your strategy.
Until
most recently I was never provided with the complete SA. You can
imagine my surprise
when
I discovered that you had incorporated a dismissal of my marital
claims against Franklin
and
a “Powers of Attorney” that I could not ever cancel. The SA as
you constructed incorporates
all
the agreements, dismissal notices, financial note agreements and
powers of attorney as a single
agreement.
You assert in the SA that if any part of the entire agreement were to
be found invalid
the
balance of the agreement would survive intact. The wording of the SA
intentionally ensnares
all
of the attorneys who signed any part of it. The fact is that none of
the attorneys who signed
any
part of the SA can produce any documentation to support their legal
standing to be part of the
settlement.
They have gratuitously signed various parts of the SA making them as
culpable as you
are.
You assured that none of the many signatory attorneys will be able to
pick and choose the
parts
of the SA they are responsible for and those portions for which they
are not responsible.
Obviously
your clients’ sole intent was to deny the value of my options,
dividends on converted
shares,
and my legitimate ownership of all marital property that Franklin was
concealing with the
cooperation
of Green Hills Software Inc. You facilitated GHS becoming an
accessory to illegal
activity.
So apparently, you never considered that the SA would have
significant potential for
adverse
impact on all those who constructed and signed it many years after
you believed the
matter
resolved. You built a multi-edge sword that has gone out of your
control.
After
careful review of the GHS Settlement Agreement and our recent
correspondence I have
concluded
that the regulatory and criminal authorities are in the best position
to help determine
the
outcome of my counts against you, your associates, and your client
before I commence civil
litigation.
It is my purpose to assure that all legal matters brought against you
and your associates
are
outside of your ability to influence them except through impartial
legitimate means; allowing
me
to level the playing field. I now realize that I never stood a chance
against so many lawyers
over
a simple property dispute.
I
am preparing your paperwork for submission to the Attorney General of
California, the IRS and
California
Franchise Tax Board, the Prosecution Division of the U.S. Department
of Justice who
investigate
(mail, wire and racketeering) and the FBI. Notifications and
complaints will also
include
the California Bar Association for all attorneys who participated
with the SA.
Your
written reliance upon the SA is prima facie evidence of an ongoing
attempt to subvert and
withhold
the value of my GHS options. Additionally, while you were temporarily
successful in
suppressing
evidence of fraudulent intent for both Franklin and GHS, the
authorities outside of
Santa
Barbara will undoubtedly take a different view. A recent e-mail from
you is another piece
of
evidence in my possession that unequivocally demonstrates a long term
pattern of fraudulent
behavior
to deny my legitimate property rights. And the “Power of Attorney”
is a perpetual
document
that stands on its own as it is an attempt to violate my civil rights
and defraud me for
the
balance of my lifetime.
Previously
you were provided with settlement claim arrangements which you have
ignored. You
now
face a choice; full restitution for the financial damages you have
caused me, bringing about a
settlement
that is completely satisfactory to me, or to face the authorities.
Unfortunately I cannot
be
repaid for the time and angst you have caused me.
My
personal representative, Mr. Alfred Jordan from Transparency LLC will
be in contact with
you
so that you can arrange payment terms to me providing you with a
final opportunity to
resolve
this matter before I find it necessary to go to the authorities.
Sincerely,
Melinda
Pillsbury-Foster
Melinda
Pillsbury-Foster
c/o
Transparency LLC, 7731 Tuckerman Lane, #141
Potomac, MD
20854
October 14,
2008Dear Attorney Buynak,
I and my associates confess to being disappointed by your lack of response to my previous letters to resolve my claims against you. I offered you an opportunity to settle legitimate claims without having to resort to regulatory, legal and public disclosures about you. Instead, your most recent response is an attempt to shift your personal responsibility for the “Settlement Agreement” (SA) that you prepared for your client Green Hills Software Inc (GHS) to them. I am sure they are beginning to realize that now.
You should understand even if you prepared the documents at your client’s insistence, the SA appears to jeopardize GHS’s standing in the courts. It may also impact your former employer “Hatch and Parent” and its merger partner, “Brownstein, Hyatt, Farber, Shreck.” Accordingly, claims against you are a separate matter than claims I am pursuing against GHS.
Complaints are being prepared for delivery to the Attorney General, State of California, that will include an original and annotated copy of the Pillsbury-Foster v. Green Hills Software et al. The SA is an enabling document that acted upon puts you and your client in serious legal jeopardy. It is surprising that you would jeopardize GHS for a legal fee.
I recognize that litigation and regulatory complaints require significant time and patience to perfect. However, my claims against you will not simply go away. Over the last year I have gained information and insights that casts an entirely different light on your involvement with GHS. That being the case, I decided to use several other legitimate tools at my disposal to accelerate the process in addition to litigation to secure justice.
As you know an attorney’s reputation is his or her business currency. Without a stellar reputation, clients tend to seek out other lawyers who do not have questionable credentials and multiple complaints brought against them. Like others who have dealt with you I am filing complaints with local business credentialing organizations and state authorities. I am seeking out individuals who have been victimized by your practices and whose civil rights have also been violated. I move towards justice for myself and work to secure the same for those others who have been damaged by you and your associates. I and those associated with me, will assist those victims, empowering them to file complaints against you as well.
The community, armed with factual information about you, can then decide if your firm is one with whom it should do business. As you know, public toleration for suspect and highly questionable business practices is rapidly evolving to “zero tolerance.” Everyday nationwide news organizations report on disciplinary actions taken against attorneys by the bar associations and attorney generals. I am sure you have seen for yourself the annual lists of disciplinary actions provided on line by the bar associations and attorney generals.
Your time to settle my claims against you is growing short. However, if you prefer to take your chances with the authorities, the courts and the community you can certainly do so. Your reluctance to do the right thing would simply provide me more time to file complaints against you and find even more victimized people to do the same,
It will make the process more expensive for you but it will not change the ultimate outcome for me.
I have been patient but that is coming to an end. I will exercise my Constitutional right to seek redress against you using all means lawfully and ethically available to me.
Sincerely,
Melinda Pillsbury-Foster
Cc: Al Jordan, R.Saperstein, J. Hazarian and others
The
Corporate Comedy Store
c/o
Transparency
LLC
7731
Tuckerman Lane, #141
Potomac,
MD 20854
September 9, 2008
Jeffrey Hazarian, Chief Financial
Officer
Green Hills Software, Inc.
30 West Sola Street
Santa Barbara, CA 93101
30 West Sola Street
Santa Barbara, CA 93101
Dear Jeff,
Over the last months I have several
times requested information from you as CFO for GHS; I am still
waiting for those documents to arrive. Notice the address above and
send them. Your suggestion I hire a tax attorney struck me as an
unnecessary expense. I am perfectly capable of dealing with the IRS
myself. Although many are perhaps nervous about doing so I will know
exactly what to do. I did that in 1997, getting back nearly a
quarter million from Craig's non-filing, which I understand continues
to be a problem for you.
GHS, perhaps mostly because of Craig's
inability to file his returns, has encountered many issues in this
regard; I know from studying Craig's pay stubs after his 1997 tax
crisis when I discovered he often had four levies in place
simultaneously. .
Since I have not heard from you I have
begun communications with the IRS directly and anticipate having
those problems handled shortly. I have found them to be cordial,
interested and cooperative. However, I still require those documents
and a copy of the power of attorney signed in March of 2001, which I
canceled some months ago. Dan will have that document, please check
with him.
I also require all correspondence,
instruments, agreements and other documents relating to the exercise
of that power of attorney by anyone at GHS but in particular Dan
O'Dowd and Craig Franklin.
Repeating my prior request, the issues
on which i require answers are:
How could I exercise GHS options that
were never issued to me?
Explain the basis of the market value
for GHS convertible options in detail.
Explain how it is that GHS ignored my
March 1, 2006 written notification to extend the notes considered in
your letter.
Explain the reason (s) that GHS issued
a 1099 to the Internal Revenue service designating me as an employee
when I have never worked for GHS.
Thanks in advance for your prompt
response in this matter.
Regards,
Melinda Pillsbury-Foster
Melinda
Pillsbury-Foster
July 11, 2008
Dan O'Dowd, President
Jeffrey Hazarian, Chief Financial
Officer
Green Hills Software, Inc.
30 West Sola Street
Santa Barbara, CA 93101
Dear Jeffrey,
I am now working with a potential
buyer for the options I hold from Green Hills Software, as agreed. I
need the documents below immediately to go forward with that process.
Please send them to Mr. Alfred Jordon, at the addresses included at
the bottom.
Shareholder's Agreement
Total number of shares outstanding
Options and warrants outstanding
The total number shareholders in Green Hills Software. (Include their names and their holdings (ordinary shares, options and stock warrants)
Total number of shares outstanding
Options and warrants outstanding
The total number shareholders in Green Hills Software. (Include their names and their holdings (ordinary shares, options and stock warrants)
Shareholders in Green Hills Software
Acquisition Corp. (Include names etc. as above.)
Other wholly owned subsidiaries.
Any holding company now or previously
used by GHS or its subsidiaries. Company's name and incorporation
information.
Earnings record for each entity wholly owned by GHS of its officers.
Earnings record for each entity wholly owned by GHS of its officers.
Rights to convert shares relating to
GHS and subsidiaries.
All corporate financial records from
the time Craig Franklin first became aware of GHS, recommending
them to customers. Include all shareholder records.
Names and contact information for all
CFOs serving GHS from the time above.
Thanks for your prompt attention in
this matter.
Regards,
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