Sunday, January 20, 2013

FUND JOBS PROJECT Exhibit 1 - Letter to Elle Magazine, June 11, 2004

Carol Smith
Senior Vice President/ELLE Group Publishing Director
1633 Broadway, 40th Floor
New York, NY 10019


June 11, 2004
Dear Ms. Smith,

We have been reliably informed through Ms. Katy Rosman that you are not going to run the article for which my daughter and I were interviewed and for which we provided interviews and complete and conclusive documentation and declarations of the various abuses and crimes my daughter suffered at the hands of her former boy friend, John Fund.
We understand through the same source that you decision was predicated on the assertion that the proofs we provided were not sufficient. However, you have failed to contact us or our attorney with questions although each of us has been available to you during the entirely of the past year both by phone, in person, and via e-mail.
A threat to sue over the publication of information that is provably true constitutes criminal behavior both in California and New York under statutes in each of those states. Those statutes are:
New York: KIDNAPPING, COERCION AND RELATED OFFENSES S 135.60 Coercion in the second degree;
California: PENAL CODE SECTION 422.6-422.95 and SECTION 422-422.1
Further, the use of such threats constitutes a Federal crime under United States Code No. 28
Therefore you have relief for threats made against you to prevent publication and can prevail over those threats.
An objective third party recently did a survey of the material publicly available on the web. This individual was not familiar with the case and got in touch on an entirely different matter. He expressed the opinion that there can be no doubt as to the truth of our assertions given the blatant and continuing barrage of lies from Mr. Fund and his attorney. Therefore we must also consider the possibility that you are withdrawing this article for other reasons than those stated.
During the last year we have been approached by other journalists interested in pursuing such an article and refused to cooperate with those efforts because we promised Elle Magazine an exclusive. Because of this material consideration and because of the timing of your notification to us we face real and profound potential losses among which is the appearance that you are substantiating the slanders and libels asserted without evidence by Mr. Fund.
I include here a copy of the documentation provided to you which represents a tremendous amount of work on our parts. While this is all of the documentation supplied to you it is naturally not all of the more that 50,000 pieces of evidence in the hands of our attorney who is presently pursuing a law suit in New York. The name of our attorney is Gary Fish, esq. and you are free to contact him to substantiate these claims.
If you yield to these threats you will have damaged the legal principle, originally established in 1735 in New York in the case of Zenger that the truth is its own defense and that in itself is news worthy.
Therefore, if you do not publish the article as promised you leave us no choice but to seek legal remedies against you. Since I participated in the interviews I will take those actions in California while my daughter follows through in New York. We will simultaneously file in Federal Court since they will eventually hear the case.
While I am sincerely sorry to write this letter you have left me no choice.

In hopes that these contemplated actions will prove unnecessary I sign myself,


Melinda Pillsbury-Foster

27 W. Anapamu No. 255
Santa Barbara, CA 93101

Cc: Gary Fish, Esq, Board of Directors and others

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