“Marie Hindery acknowledges that she has had her share of emotional problems. In telephone interviews, she said she suffered from the eating disorders of anorexia and bulimia, had low self-esteem and was estranged from all three of her children.”

My mom is an elder person who is a survivor of domestic violence (i.e. spousal abuse).

Previously, former Lucas County Prosecutor Anthony Pizza served as my mom’s attorney. Currently, Frank Jacobs (Bar No. 11310) and John Alessio (Bar No. 174900) serve as my mom’s attorneys. John Alessio (Procopio) should have filed the Elder Abuse Petition; however, John Alessio (Procopio) has a conflict of interest. John Alessio (Procopio) and Sunil Moorjani are former classmates at the University of San Diego Law School (’94), and John Alessio (Procopio) threatened legal action to prevent the filing of the Elder Abuse Petition. Despite his conflict of interest, John Alessio (Procopio) was unsuccessful in (i) his attempts to win a dismissal with prejudice and (ii) his attempts to reach a confidential settlement.

In emails to Wright & Supple LLP, John Alessio (Procopio) made false representations based on a private email from Frank Jacobs (Eastman & Smith), a publicly disgraced lawyer in Toledo, Ohio. Frank Jacobs (Eastman & Smith) has a disciplinary record for his dual representation in the divorce proceedings of my mom’s friends in Toledo, Ohio (i.e. Dr. Wassef Mikhail, Mrs. Salma Mikhail). Ohio Supreme Court Chief Justice Thomas Moyer stated, “I would suspend Frank Jacobs for six months and stay the suspension on the condition that he commit no further misconduct during that term.” (Disciplinary Counsel v. Jacobs, 109 Ohio St.3d 252, 2006-Ohio-2292).

In San Diego Superior Court Case No. 37-2021-00033119-CU-OR-CTL, I have summarized the case for elder abuse. On December 08, 2021, I notified Adult Protective Services (San Diego) of the Motion to Disqualify John Alessio et al., and I asked Adult Protective Services (San Diego) to investigate John Alessio (Bar No. 174900) for elder abuse.

These statements are prepared for (i) the Office of Disciplinary Counsel of the Supreme Court of Ohio and (ii) the Office of Chief Trial Counsel of the State Bar of California. Since California is a notice pleading state, the following statements provide facts and circumstances to supplement the information and the exhibits provided in (i) the Elder Abuse Petition, (ii) the Motion to Disqualify John Alessio et al., and (iii) the Attorney Misconduct Complaints for Frank Jacobs (Bar No. 11310) and John Alessio(Bar No. 174900).

Author’s Note: John Alessio is (i) the managing partner of Procopio, Cory, Hargreaves & Savitch, LLP (“Procopio”) and (ii) the attorney of record in San Diego Superior Court Case No. 37-2021-00033119-CU-OR-CTL. Communications from John Alessio and his staff are attributed to John Alessio (Bar No. 174900).

  • The New York Times: “Amid the green loveliness of the Hudson River slopes that the Roosevelt family has frequented since 1867, a member of the fourth generation of Roosevelts at Hyde Park was married today. Miss Anne Sturgis Roosevelt, a granddaughter of Franklin Delano Roosevelt, 32d President, was wed to Douglas Sigler Luke Jr., the great‐greatgrandson of the founder of a prominent West Virginia industrial family. The wedding service was held late this afternoon in St. James Protestant Episcopal Church, a small, ivy‐covered fieldstone structure built in 1844 in which four generations of Roosevelts have worshiped. The Rev. Gordon L. Kidd, rector since 1946, conducted the service from the Book of Common Prayer.”
  • The New York Times: “Mary Margaret Guenther, a daughter of the late Mr. and Mrs. Carl D. Guenther of Dhahran, Saudia Arabia, and John Stevens Sheldon, a vice president in mergers and acquisitions at Goldman, Sachs & Company in New York, plan to be married Sept. 27. Mr. Sheldon is a son of Edith Stevens Sheldon of Wayzata, Minn., and the late Albert M. Sheldon Jr., and a grandson of the late John P. Stevens Jr. of Plainfield, N.J., who was chairman of J. P. Stevens & Company, the textile concern. Miss Guenther, known as Gigi, attended the American School in Switzerland and graduated from the Williston Northampton School and Menlo College. Her father was director of future oil development for the Arabian American Oil Company in Dhahran. The future bridegroom, a graduate of the Blake School and Bennington College, of which he is a trustee, received an M.B.A. degree from Harvard University. He is a great-grandson of the John P. Stevens who founded J. P. Stevens. His father was a private investment manager in Minneapolis.”
  • The New York Times: “Mary Margaret Guenther and John Stevens Sheldon were married yesterday at the home of the bridegroom’s grandmother Mrs. John P. Stevens Jr. in Plainfield, N.J. The ceremony was performed by the Rev. Roger W. Paine, a United Church of Christ minister . . . Mr. Sheldon is a son of Edith Stevens Sheldon of Wayzata, Minn., and the late Albert M. Sheldon Jr., a private investment manager. He is a grandson of the late John P. Stevens Jr., who was chairman of J. P. Stevens & Company, the textile manufacturer. Mr. Sheldon, who graduated from the Blake School and Bennington College and received an M.B.A. degree from Harvard University, is a vice president in the mergers and acquisitions department of Goldman, Sachs & Company in New York.”
  • The New York Times: “The three-month takeover battle for J. P. Stevens & Company closed yesterday with an agreement that will end one of the nation’s oldest corporate dynasties . . . The huge textile producer, which reported sales last year of $1.6 billion, was founded in 1813 by Nathaniel Stevens. According to company legend, he noticed that textiles in those days were largely handmade and, convinced that he could produce them more efficiently by machine, opened a woolen factory in an old grist mill in North Andover, Mass. Its earliest-known name was Nathaniel Stevens & Son, but by 1899 became J. P. Stevens, for John P., grandson of the founder.”
  • The New York Times: “Lodestar Group, an investment banking firm formed by Ken Miller, appointed Wayne Thornbrough, formerly of State Street Research and Management Co., chief investment officer. In addition, John Sheldon from Goldman, Sachs and six Merrill Lynch Capital Markets executives, plus one from Merrill Lynch Japan were hired as vice presidents. Joining Lodestar as controller is John Raspitha, formerly with Fred Alger & Co.”
  • The New York Times: “Jun Makihara, who graduated from the St. Albans School and with the class of ’79 from Harvard, where he was elected to Phi Beta Kappa, received an M.B.A. from the Harvard Business School. He is a vice president of Goldman, Sachs & Company in New York. His father is the president in New York of the Mitsubishi International Corporation, the American subsidiary of the Japanese industrial concern. The maternal grandfather of the bridegroom-to-be was the late Takaya Iwasaki, chairman of Mitsubishi Paper Mills Ltd. Mr. Makihara is a great-grandson of the late Seihin Ikeda, a chairman of the Bank of Japan and Japan’s Minister of Finance and Minister of Commerce and Industry, and a great-great grandson of Yataro Iwasaki, the founder of the Mitsubishi Group.”
  • The New York Times: “Seven years ago, at the onset of the frantic restructuring of American industry, the French and British Rothschild cousins determined to rectify their mistake. They appointed Pirie, a truculent New York takeover lawyer, as their agent. His mandate: to build a powerful investment bank that would help the family reassert its dominant role in international finance. Says David de Rothschild, head of the Rothschild bank in Paris, ‘Bob Pirie is a man with green fingers who knows how to make money.’ Starting with the Rothschild name – but little of their capital – Pirie has had to rely on his particular blend of social cachet and Street smarts. Focusing on the lushly profitable field of mergers and acquisitions just as the competition and the magnitude of deals and fees have reached unprecedented levels, the lawyer-turned-investment banker has attracted a clientele of foreign predators, principally British. The most voracious: Sir James Goldsmith, Sir Gordon White of Hanson Trust and Maxwell. Pirie has not yet pushed Rothschild Inc. into the top tier of investment banks, but the family’s name is now visible in Wall Street.”
  • John Stevens Sheldon (The Lodestar Group): “Sitting in his 26th-floor office, high above the throb and pulse of midtown Manhattan, John Stevens Sheldon oozes self-assurance. The baritone timbre of his voice matches his assertive style of dress: dark-blue suit and brilliant-yellow tie offset by a pale-blue shirt. Sheldon, now 34, was the vice-president at Goldman Sachs who led the defense of Walbro in its fight against UIS. ‘More Walbros will happen in the future. Small companies will be more active takeover candidates than in the past,’ he says with conviction.”
  • Fortune: “Bob Baldwin’s return to investment banking”: “Speaking of dealmakers: CEOs of undervalued companies may be getting a call from former Morgan Stanley chairman Robert Baldwin. After five years in semiretirement, Baldwin, 69, is chairman of a year-old investment banking boutique called Lodestar Group. With nearly $300 million provided largely by Japanese investors, Lodestar has quietly acquired toehold stakes — less than 5% — in half a dozen companies. Unlike the typical leveraged-buyout group, Lodestar won’t acquire more than 20% unless the managers are amenable . . . Baldwin and his Lodestar partners – Merrill Lynch alums Ken Miller and Tull Gearreald – say they’re content to cajole reluctant top officers into restructuring the company or taking it private.”
  • The New York Times: “The Westvaco Corporation, a leading maker of paper, packaging and chemicals, has announced management changes that put John A. Luke Jr., the son of the president and chief executive, in the catbird seat . . . The Luke family owns a substantial amount of the company’s stock, a Westvaco spokesman said, declining to say how much. According to Standard & Poor’s, employees own 14 percent of the common stock and institutions about 50 percent.”
  • The New York Times: “The Luke family has run the Westvaco Corporation since the large paper and specialty chemicals company was founded in 1888 . . . John A. Luke Jr., the great-great-grandson of the company’s founder, will assume his duties Nov. 1. The 43-year-old Mr. Luke will replace his father, John A. Luke, who turned 65 last November. The board had asked the elder Mr. Luke to stay through this year; his brother, David L. Luke 3d, will remain as chairman.”
  • Robert Pirie (ex-Rothschild CEO): “Robert Maxwell used to go swimming all the time without telling anybody. He would just go down the ramp and take a swim and it used to scare the hell out of his crew. I think he probably just went for a swim.”
  • Chicago Tribune: “Perry Mendel and Richard Grassgreen, the former heads of Kinder-Care Learning Centers Inc., have agreed to pay a total of $650,000 to Enstar Group, the successor to Kinder-Care, in a settlement made public Thursday by the Securities and Exchange Commission. The SEC said Mendel and Grassgreen pocketed fees for, among other things, agreeing to invest $85 million of Kinder-Care funds in debt offerings underwritten by Drexel Burnham Lambert Inc. Grassgreen testified against Michael Milken at his pre-sentencing hearing last year. Both pleaded guilty to related criminal complaints of fraud.”
  • John Stevens Sheldon (The Lodestar Group): “Newco will be formed by its management team and Bannon and Co. to provide short term Collateralized Production Loans (“CPL”‘s) to certain qualified major independent film production companies (i.e. Castle Rock, Morgan Creek, Baltimore Pictures).”
  • Michael Penfield (The Lodestar Group): “We have also included a memorandum outlining your obligations with respect to Policies and Procedures to Detect and Prevent Insider Trading. This form will be executed on your first day. Please familiarize yourself with its contents prior to that date.”
  • Jean-Louis Gassee: “Michael Spindler has to pick the paths that hold promise and make the tough choices about the ones that don’t. He can do it.”
  • E. Floyd Kvamme: “With Mike Spindler, you get a lot of steak. You’re not getting a lot of sizzle. There’s a lot of steak, though.”
  • John Stevens Sheldon (The Lodestar Group): “Deepak Moorjani’s greatest strengths are a combination of highly developed financial, technical and strategic analytical skills and his well developed judgment regarding when and how to apply such skills. I often find Deepak helping me reformulate my views regarding what truly is ‘the question’ or ‘the problem’ or the ‘real situation’. Deepak is surprisingly mature in reading a situation and determining what are the critical issues. In short, Deepak has an impressively unique combination of raw analytical capability with a very thoughtful perspective of considering most of the relevant points of view on the situation at hand. This perspective is unparalleled by most young businessmen his age . . . It has been a long time since I have recommended a candidate with as interesting a mix of innate intelligence, analytical judgment, commercial focus, entrepreneurialism and tenacity.”
  • John Stevens Sheldon began his investment banking career as an associate at Goldman, Sachs & Co., spending seven years there and rising to vice president before moving to The Lodestar Group/LSG Advisors, as a partner in its private equity and mergers and acquisition groups. After 10 years at Lodestar, John Stevens Sheldon joined J. P. Morgan & Co., co-heading its consumer/retail investment banking group.”
  • Westvaco Corp: “Douglas S. Luke: President and Chief Executive Officer, WLD Enterprises, Inc., a private investment company with diversified interests in marketable securities, real estate and operating businesses, since 1991. Westvaco Director since October 1996. B.A., University of Virginia, 1964. M.B.A., the Darden School, University of Virginia, 1966. Managing Director and Officer of Rothschild Inc and its predecessor, New Court Securities Corporation, 1979-1990. Director: Orbital Sciences Corporation, Regency Realty Corporation, DNAP Holding Corporation. Age 55.”
  • Fortune: “For Michael Price the worst of it came in the fall of 1990. On July 17, 1990, the Dow Jones industrial average peaked at 2999. Then the Gulf war erupted, and the Dow dropped 21% in three months. It was not Price’s finest hour. Price’s firm had about $5 billion in assets, but when the market started to tumble, redemptions flooded in at a rate that one source says hit $100 million a week. According to several sources, Price panicked. In October he had a two-hour lunch with his friend Robert Pirie, who was then the CEO of the investment banking firm Rothschild Inc. Pirie told Price that he and financier Jimmy Goldsmith were convinced the market was headed even lower. After lunch, Price called one of his traders, Ephraim Karpel, from his car phone. He told Karpel that he would be back in 90 minutes and that he wanted Karpel to start selling some $400 million in securities immediately. ‘Ephraim basically said, ‘Listen up, we have to sell $400 million worth of stuff,’ recalls someone who was there. ‘There was an outcry, and some analysts balked. Some of those people are no longer with the firm.’ (Price says the amount was closer to $40 million than $400 million.)”
  • Westvaco Corp: “The Finance Committee, which met eight times in fiscal year 1996, has as its members David L. Hopkins, Jr., Chair; W. L. Lyons Brown, Jr., Douglas S. Luke, John A. Luke, John A. Luke, Jr., and William R. Miller. The Finance Committee reviews the financial condition of the corporation and its requirement for funds, studies its credit and financing policies, considers the dividend policy of the corporation and makes recommendations concerning these matters, and reviews funding recommendations for the salaried and hourly pension plans together with the investment performance of such plans.”
  • “John Malone’s TCI, through wholly owned subsidiaries, directly and indirectly owns 48.7% of ICP-IV’s non-preferred equity. TCI is the largest cable television operator in the United States, with wholly owned and affiliated systems serving more than 14.4 million subscribers . . . In February 1997, Leo J. Hindery, Jr., the managing general partner of InterMedia Capital Management IV (“ICM-IV”) and various other affiliated InterMedia partnerships, was appointed President of TCI. As part of Mr. Hindery’s transition, TCI is negotiating for the purchase of Mr. Hindery’s interests in IMI, InterMedia Capital Management, a California limited partnership and the general partner of InterMedia (“ICM”) and ICM-IV as well as various other affiliated InterMedia partnerships. Through ICM-IV and ICM, Mr. Hindery has managed IP, ICP-IV, IP-V and their subsidiaries as well as other affiliated InterMedia partnerships. Upon the completion of the transaction, Mr. Hindery will no longer hold a controlling interest in IMI, ICM-IV or any of the various InterMedia corporations or partnerships. The transition is expected to be completed in 1997.”
  • Westvaco Corp: “The Finance Committee, which met seven times in fiscal year 1998, has as its members David L. Hopkins, Jr., Chairman; W.L. Lyons Brown, Jr., Michael E. Campbell, Douglas S. Luke, John A. Luke, Jr., and William R. Miller. The Finance Committee reviews the financial condition of the corporation and its requirement for funds, studies its credit and financing policies, considers the dividend policy of the corporation and makes recommendations concerning these matters, and reviews funding recommendations for the salaried and hourly pension plans together with the investment performance of such plans.”
  • Mom: “My dearest DEE. The last few weeks have been very stressful to you, starting from relocation, moving from New York to San Diego and now to San Francisco. This was absolutely the wrong time to add another trauma. That’s why after I realised or suspected what might be going on in Phoenix – I could not inform you right away. I wanted you to settle down a bit you – said about 10-15 days. I am sorry – you had to be told this way on phone. After my suspicions were confronted with looking at telephone statement, I had to take quick action. From my experience in the past, I felt I could not confront verbally because he might lose control or give me a silent treatment. I had planned to move to my hospital room any way before he arrived from Phoenix and wait for his response. But 8 days of turmoil took toll on my body and I got quick sick – so the doctor thought I should be admitted, rested and recuperated. Today I am being discharged. I feel great after the rest and caring nursing staff that took care of me. I have a lot of friends who care for me here. My supervisor has given me the whole week off. I don’t have to go to work til Monday AM till July 6th. I have already booked my airline ticket from Aug 1st to Aug 8th to San Diego. I got it very cheap and senior discount etc. After I talked to you Sunil called me at 12AM your time for I had left a message for him. He mentioned your e-mail. I am looking at this as a challenge and now able to deal with it as a growing experience with positive feelings . . . I am counting my blessings – my good health, physical fitness, my two great sons and a lot of friends who love me.”
  • Leo Hindery Junior (ex-Global Crossing CEO): “I started paying for everything in my life when I was 9 years old. I used to work in the fields, and I would give the money to my family, partly because that was how my family worked and partly because I was so mad at them. I had a such a crummy childhood. You just can’t know how cruel my parents were. Nobody beat me, but there was just a total absence of affection. I got a Christmas gift once. It was a belt, a size 38 belt. I weighed about 125 pounds.”
  • The New York Times: “Marie Hindery acknowledges that she has had her share of emotional problems. In telephone interviews, she said she suffered from the eating disorders of anorexia and bulimia, had low self-esteem and was estranged from all three of her children.
  • CNET: “AT&T president John Zeglis will become chief executive of AT&T Consumer Services, and TCI president Leo Hindery will be the new unit’s president and chief operating officer. Malone will step down as TCI’s CEO, but will become a member of AT&T’s board. AT&T Consumer Services could generate 1999 revenue of about $33 billion and earnings of about $7 billion to $7.5 billion, according to estimates by AT&T and TCI. The companies said they expect the merger to produce higher revenue and lower costs, producing ‘synergies’ of about $2 billion per year starting three years after the deal closes.”
  • Mom: “Guloo. You need to know that I know for a fact that you have been in constant communication with your first love – Pushpa – for months. After discovering this I have gone through a number of emotions – betrayal, disgust, shock, helplessness and panic. I am devastated, feel cheated and violated. I feel like a fool. I have hardly slept since you left. As much as I find it hard to believe, you have done this. I am managing to come to grips with it. We both agree to give up our retirement home. I had so looked forward to living there even before I had seen it. When I saw the place in 1997 Feb, it was so beautiful – more than I ever imagined. It broke my heart to give it up, even more. We made a decision to build and sell only because it would have been so uncomfortable being and living so close to this woman. In spite of this, I have found now you have carried on with this relationship without due regard to my feelings – me your wife of 33 years. It’s absolutely mindboggling. You have so masterfully hidden it from me. My faith in you is completely shattered. After what has happened, I will always question the TRUTH and sincerity of actions and words. I cannot bear to live with you under conditions you have created. I cannot even face you . . . I hope in future, we will be able to communicate as friends for the sake of our two wonderful children. I have no intention of telling them anything on the phone. DEE is in state of transition. I hope and pray you won’t either. They need to be told about this face to face at one time.”
  • Mom: “My dear sons, I don’t know exactly where to begin. Initially I wanted to tell you, the news, in person when I came there in August. But I realise waiting till August will be too late. The enclosed copy of the letter, I left for Dad, will explain why I did what I did. I could not face Dad after I realised or found out the information mentioned it in, at least for a while. Finally I wanted some control and some say. I have a nice room at the hospital. I am fine. I have a lot of support emotional and spiritual from my friends. Please don’t worry about me.”
  • Mom: “My dearest sons, I don’t know exactly where to begin. I was waiting till August to tell you in person at one time. But now I fell one month is too long. So I am writing to you, now to share with you the most difficult decision I have made in my life. I love you both so much and feel the love you have for me, as your mother. It is very important for me to know that both of you understand and support my decision and still continue embracing me as your mother and confidant . . . We have 24 hour security in hospital & I am safe.”
  • Leo Hindery (ex-Global Crossing CEO): “One thing I neglected to mention when we were together is Sumitomo’s consideration of a possible investment in a startup internet venture fund, Genesis, which your New York office is considering on your behalf. For what it is worth, I think very highly of the Fund Manager, Deepak Moorjani, and I will be investing, on a personal basis, $500,000 into Genesis.”
  • Tele-Communications, Inc: John C. Malone: Born March 7, 1941; director of the Company since June 1994. Dr. Malone served as Chairman of the Board of the Company from November 1996 to March 1999, Chief Executive Officer of the Company from January 1994 to March 1999 and President of the Company from January 1994 to March 1997. Dr. Malone served as Chief Executive Officer of TCIC from March 1992 to October 1994 and President of TCIC from 1973 to October 1994. Dr. Malone has served as Chairman of the Board and a director of Liberty Media Corporation since 1990. In addition, Dr. Malone is a director and/or Chairman of the Board of many of Liberty Media Corporation’s subsidiaries. Dr. Malone has served as a director of AT&T since March 1999 and TCI Pacific since July 1996. Dr. Malone is also a director of At Home Corporation, The Bank of New York and TCI Satellite Entertainment, Inc. (“TSAT”).
  • Bret Pearlman (The Blackstone Group): “As we discussed, I have attached an overview of the Fund’s provisions which we thought merited some discussion. Our attorney, Bob Pelgrift of Simpson Thacher & Bartlett can be reached at (212) 455-3575. Thank you.”
  • Tarrant Venture Partners, L.P. is a venture fund sponsored by the principals of Texas Pacific Group, a private equity investment firm founded by David Bonderman, James G. Coulter and William S. Price, III in 1993. Texas Pacific Group has U.S. based offices in Fort Worth, TX, and San Francisco, CA, and a European office in London. Texas Pacific Group and its affiliated partnerships have aggregate committed capital of more than $7.0 billion, with more than $1.5 billion invested in technology and telecommunications worldwide. Separately, Tarrant Venture Partners has completed more than 40 technology investments.
  • “Global Crossing CEO Leo Hindery says, ‘Bernie Ebbers is a rock & roll star. Now telecom is like the entertainment business, where you know the CEOs just by their first names.'”
  • Theresa Moran (Pillsbury Winthop): “Our firm has represented Upstart Capital, L.P. as well as its General partner, Upstart Management LLC. In addition, we have acted as counsel to San Valley in its intellectual property matters. As members of the California Bar, we may not represent conflicting interests except with the informed written consent of all clients concerned.”
  • “Although the company’s $365.4 million quarterly loss was also larger than expected, Global Crossing added $2.5625, to $27.875, in trading yesterday. Cash flow at Global Crossing, which is based in Hamilton, Bermuda, was $1.415 billion, compared with the $1.295 billion forecast. Global Crossing’s chief executive, Leo J. Hindery Jr. told analysts that the company now views its previous estimates of cash flow and sales for 2000 as ‘understated as it presses forward with plans to make nearly all of its fiber optic cable systems around the world operational by next year.'”
  • Leo Hindery Junior (ex-Global Crossing CEO): “I have done what I set out to do at Global Crossing — improve operating management and rationalize operating assets, realize the value of GlobalCenter, and meet or exceed quarterly financial goals.”
  • “Richard H. Walker, Director of the Securities and Exchange Commission’s Division of Enforcement, announced today that after 10 years of service, he will be leaving the Commission and will return to the private sector . . . As Director of Enforcement, Mr. Walker headed the Commission’s largest Division and directed the Commission’s nationwide enforcement effort. He spearheaded the Division’s attack against earnings management and other financial reporting abuses, established the Commission’s Internet enforcement program, and led the Commission’s efforts to secure more criminal prosecutions for violations of the federal securities laws.”
  • Leo Hindery Junior (ex-Global Crossing CEO): “Lots of demons, lots of devils that have always caused me to want to succeed . . . and I always knew that I wanted to be something special. I don’t mean that self-servingly, but I did want to succeed and be well thought of. It was never about the money, it was just this sort of interest in excellence . . . But I have some demons that drive me – I think all of us do in the business that you’re doing these interviews with probably do. I started from a family of very low means, not for me a very pleasant growing up experience, and I sort of wanted to leave that side of my life behind and accomplish other things, more professional.”
  • Leo Hindery Junior (ex-Global Crossing CEO): “Well, I ran pretty hard, Tom. As I said, I had 20 grand in the bank, and it was a purposefully different approach to the industry. It was an intended mix of banks and insurance companies, of which Bank of New York very generously agreed to be the lead; one industry investor, which was TCI; and then some strategic investors that had developed close relationships with the cable industry or wanted to. One of the latter was Sumitomo of Japan, and again, this is 1988, and the first off-shore investment in the U.S. cable industry was into InterMedia by Sumitomo, which led to Jupiter for TCI and Liberty later on, so all of John’s activities in Japan today were outgrowths of my outreach to Sumitomo in 1988.”
  • The New York Times: “Deutsche Bank said today that it had hired a former top official from the Securities and Exchange Commission as the general counsel of its corporate and investment banking division, just days before it lists its shares in New York. The official, Richard Walker, formerly served as enforcement director for the S.E.C., where he pursued Internet securities fraud and failure by companies to report their finances accurately . . . ‘Dick Walker probably knows more than anyone about U.S. securities law and regulations,’ Mr. von Heydebreck said in a statement. ‘This knowledge and understanding will be invaluable as Deutsche Bank seeks to complete its U.S. listing and establish itself as a permanent fixture with U.S. investors.'”
  • “On several occasions, Quadrangle came close to pulling out. By then, it had gotten personal. Goldman bankers, meanwhile, attached a provision that would prevent Quadrangle from firing Leo Hindery. But that wasn’t the final straw. In mid-August, Mr. Rattner and his team were told that Mr. Hindery, who already had reduced his stake from $35 million to $15 million for personal financial reasons, had secretly sold off $5 million of it to prospective board member Bill Bresnan. Mr. Hindery denies that he attempted to sell any such stake. Both sides, especially his Goldman backers, weren’t happy about Mr. Hindery’s first downsizing. For him to offload the rest would be a deal breaker. “Did we like the fact that Leo went from 35 to 15? No,” said Mr. Ravitch. In the end, however, Goldmans saw the $15 million as “a significant amount. Our interests are aligned.”
  • Mark J. Coleman, who was appointed General Counsel at Global Crossing subsidiary GlobalCenter in February 2000 and served as outside counsel to Leo Hindery for over 15 years, also donated $1,000 to Jean Carnahan on November 26, 2001.”
  • Sirius Satellite Radio Inc.: “Lamont is the sole general partner of LJH, and Mr. Douglas S. Luke is the sole managing member of Lamont. Mr. Luke is a United States citizen. Mr. Luke’s principal occupation is serving as an executive of LJH and its affiliates. The principal business address of each of LJH, Lamont and Mr. Luke is The Chrysler Building, 48th Floor, 405 Lexington Avenue, New York, New York 10174. LJH, Lamont and Mr. Luke will hereinafter be referred to collectively as the “LJH Persons”.
  • The Wall Street Journal: “Leo Hindery, a former chief executive of Global Crossing Ltd. and well-known cable veteran, is fighting to force the fiber-optic carrier to award him $708,000 in back pay and more than $100,000 in rent for a lavish Manhattan apartment. In papers filed in U.S. Bankruptcy Court for the Southern District of New York, Mr. Hindery asked Global Crossing to reimburse him for $83,000-a-month consulting payments that stopped when the company filed for bankruptcy-law protection in January. He is also requesting $113,381 for five months of rent paid on an apartment at the Waldorf-Astoria Towers on Manhattan’s Park Avenue.”
  • The New York Post: “Leo Hindery says he still has a gripe with his old company, Global Crossing – that it owes him rent for his Waldorf-Astoria apartment and a year’s back pay . . . Among the bills owed are Hindery’s rent tab for a $22,000-a-month studio apartment in the luxurious Waldorf Towers, and $708,333.39 in back pay. Leo Hindery resigned as Global Crossing CEO in 2000.”
  • “It should be noted that both of these characters report directly to Justin Kennedy, the son of Supreme Court Justice Anthony Kennedy. How is it possible on a trading desk as small as Deutsche Bank’s that Justin Kennedy didn’t know in advance that there was a problem? They sit next to each other on the trading desk and talk continuosuly, so it is unlikely that the manager would be completely taken by surprise (unless, of course, he wasn’t doing his job by failing to supervise). Mashikian is a trader with a reputation for being honest and Markman is a trading assistant, not someone who could misprice the books by over $30 million. A thorough investigation should be performed and the people responsible (including the supervisor) should be held accountable. For a point of reference, Justin Kennedy was hired by Kevin Ingram, the Deutsche Bank mortgage group head that is serving time in Federal prison for allegedly laundering money for Pakistani terrorists during 2001 (but before September 11th). Ingram brought Jesse Jackson into Deutsche Bank when Ingram was fired – allegedly, Ingram received a $10 million settlement.”
  • The Wall Street Journal: “The trades were made by Leo Joseph Hindery Partners LP, a partnership in which Mr. Hindery is a limited partner. Although there are about a dozen limited partners, Mr. Hindery’s ownership has often exceeded 90% since May 1999, when LJH began. Trading by LJH in Global Crossing shares began in December 1999, soon after Mr. Hindery became chairman of its GlobalCenter Inc. Internet-services unit. The partnership made a half-dozen purchases and sales of stock before Mr. Hindery became CEO of Global Crossing on March 2, 2000, and another half-dozen afterward.”
  • The Wall Street Journal: “People close to Global Crossing said that the Leo Joseph Hindery trades ended after company lawyers accidentally received copies of the LJH trading records in April 2000.”
  • “Several top MSO execs—even programmers Discovery Networks’ John Hendricks and MTV Networks’ Tom Freston—slammed YES and its chairman Leo Hindery at NCTA for trying to strong-arm Cablevision. The cable operator has resisted YES demands for $2 per subscriber, instead offering to sell YES as a pay service. YES has filed an antitrust lawsuit against Cablevision, which controls rival regional nets MSG Network and Fox Sports New York. MSG lost TV rights to the Yankees last year. AT&T Broadband Chairman Bill Schleyer said, “Good partners don’t say, ‘Here’s the contract; here are the terms. Put it on or we’ll sue you.’ I support the Dolans fully. The are standing up for the subscriber.” The Dolan family controls Cablevision.”
  • Professional Press: “Follow the author on her incredible journey from her collapsed, tension-filled marriage to the peace and contentment of forging a new identity. Marie Whitener Hindery grew up on a small dairy-and-egg far in northwest Washington State. She set sail from her home after high school graduation to Seattle, where she found work in a wartime city full of military men. She met a sailor who convinced her to marry him, though she wasn’t starry-eyed over him. After the war, Marie and her husband lived in the Midwest. She was homesick and dismayed by her controlling husband. He worked at Sears. She raised three children and worked at home. Her husband did not want anyone to know she was working. Her return to Washington was marked by many successes. But the marriage finally failed. At this point Marie’s life enters a new phase. The family crisis caused her to lose contact with her children. She created a new identity. She earned a college degree at age 73, became a master teacher of duplicate bridge, and traveled far and wide, making legions of friends. Chronic pain from several injuries led her to study philosophy and world religions. Now, at age 79, Marie basks in a joy she never knew for most of her life – and she found it within herself. Her story is an inspiration to readers looking for satisfaction and happiness in life.”
  • Sonia Loya (First American Title): “Zubeida, you can certainly quitclaim your interest to your son. I am not qualified to advise you as to what you need to do, however you are welcome to talk to one of our Title officers that can help you. Marie Castillo 619)231-4649. Korey Mulvey 619)231-4670. Have a wonderful Christmas!”
  • Owen Linzmayer: “Michael Spindler was born during the last throes of Nazi Germany. The family was split up before Michael Spindler was born, because his father was forced to work at a munitions plant. The absence of his father during his early childhood appeared to make Michael Spindler even more motivated to prove himself. He excelled in school and graduated from the prestigious Rheinische Fachhochschule with a degree in engineering in 1964 . . . Spindler made his second most important friend during his tenure at Intel, Mike Markkula. Markkula was deeply enamored with Spindler. In later interviews, Markkula described Spindler as ‘one of the smartest guys I know.’ Markkula became very wealthy and retired from Intel. In 1976, he became a cofounder of Apple Computer by bankrolling Steve Jobs and Steve Wozniak. As Apple expanded into foreign markets in 1980, Markkula recruited Spindler to help run Apple Europe’s marketing department.”
  • Harvard Business School: “Its origin goes back to the 1870s, when three sailing ships transported raw materials to Japanese manufacturers and carried exports to markets overseas. In the decades that followed, Mitsubishi not only grew into Japan’s most famous, prestigious, and powerful collection of companies (or keiretsu), offering a wide array of products and services, but in the early nineties, Mitsubishi Corporation, the general trading company within that group, reached the top of the Fortune Global 500—’the world’s biggest company’—with revenues of more than $170 billion . . . Emphasizing the importance of adopting new technologies, he named himself chief information officer, provided every worker with a laptop computer, and joined the board of IBM.”
  • Marie Whitener Hindery (Seattle): In ancient Greek civilization, the Hippocratic oath sworn to by physicians and the Oath of Themis, sworn to by lawyers, represented truth, justice, peace and values. In the recent Republican presidential campaign, emphasis was placed on values. It is the plan of President Bush to reshape Social Security, immigration and tort reform, to list but a few. Therefore, it is important immediate consideration be given to establishing a committee to redraft the Presidential Oath to be administered to George W. Bush by Chief Justice William Rehnquist to read, “Do you solemnly swear, each by whatever he or she holds most sacred, that you will exercise your role doing no harm to the utmost of your power, holding yourself far aloof from wrong, from corruption, from the tempting of others.”
  • Mark Bronson (Skadden Arps): “Sorry for the delay in getting back to you – I hope your move went smoothly! You have a most illustrious private equity career. Most of my work over the last six years has been in representing foreign investor[s] in distressed investment transactions in Japan, including structuring, JVs, acquisitions, financing and sales. I agree with your view of the market and trends, and would add that you coming to Japan just as deal volume for financial investors is really picking up, although there is still a lot more capital than deals, which is reflected in pricing. I have good relationships with the groups you are talking to, so please let me know if I can be of any help in that regard (Shinsei is our largest client in Asia, I am primary counsel to Morgan Stanley’s real estate fund (MSREF) and their structured products group’s (SPG) real estate lending group. I worked closely with Ellis Short of Lonestar in the States and know their team in Japan quite well (including Randy Work), and have represented their lenders in many of their largest deals here. I am also close with several senior people at Cerberus here). I am also close to (and counsel to) other opportunity funds here including Starwood, Colony, Rockpoint and the distressed investment groups at Deutsche Bank and Lehman. I have promised Alec Tracy to do what I can to take good care of you.”
  • Gregg Vignos (Paul Hastings): “Deepak: Glad to see you finally made the list. Hope we find something more interesting next time. Actually, we are doing a presentation on China in October. That should be interesting. Best, Gregg”
  • David I Chi Fann (Aksia LLC): “Deepak – I take it you’re doing well and the geishas aren’t complicating your life. We switched people around again as you noted. I think it is better team although change is always an issue. We had a good meeting with Oak Hill – George Phipps, who’s new but he knows Bill Comfort which is both good/bad. We’ll see how things go although it is clear this will be a 2006 fund vs. 2005 – if we make it. Any openings in Morgan Stanley Japan for someone like me 🙂 Happy Thanksgiving – I bet its hard to find a turkey… Best, David Fann”
  • Joichi Ito (Neoteny): “Deepak, I really would like you to meet one of my best friends Vibhav Upadhyay. He works between India and Japan and is very influential. His family has been doing some new business including deals that involve a need for someone with your sort of background. I think that maybe you would make a good fit. Vibhav is in town until the 1st or the 2nd, but maybe you two can hook up.”
  • Jun Makihara (Neoteny): “Hi Deepak. What are you up to these days? I’m back in town mid March. Will you be around? If so, can you set up an appointment via my secretary, Yagawa-san. I am copying her on this e-mail.”
  • Michael Spindler (ex-Apple CEO): “Deepak: I hope you are up and doing well. BTW, thanks for the Japanese chocolate, I guess shipping was more expensive than the product, so it was much appreciated. I must admit I have completely switched off from the IT industry. I don’t even look at this any longer. It is so stale and putting me to sleep. Who cares anyway. I hope your venture at Morgan Stanley is panning out and your life in Tokyo is affording you the best experience you can get. What about your sentimental life? Any prospects?I saw Life of a Geisha. Very good photography and the music ( written by old hand John Williams) is very good. Here we go….geishas.They are well educated and soft spoken. Best, Michael”
  • Seagate Technology: “Douglas S. Luke, as the managing member of Lamont Partners, LLC, the general partner of LJH Partners L.P., exercises dispositive power over the Seagate common shares.”
  • Deepak Moorjani (Morgan Stanley): “Yuki-san, I am at Morgan Stanley in Ebisu Garden Place . . . and our address is below. I will look forward to seeing Makihara-san. Thank you. Deepak”
  • Leo Hindery Junior (ex-Global Crossing CEO): “Dear Friend, Ironically, I was just admitted last week, and it really is an honor, which I highly recommend to you. The Council would be lucky to have you, and vice versa, especially as your career is still at a relatively young stage. In other words, go for it. As for Morgan Stanley, make sure your orbit includes both Paul Taubman and Jeff Hogan, who are decent, bright and clear leaders of the next generation of the Firm. Always let me know if you are coming to New York. Kindest regards, Leo”
  • “After AT&T, Leo Hindery went to work for Gary Winnick, who made his fortune working with junk-bond king Michael Milken. In 2000, Hindery became interim chief executive of Winnick’s debt-ridden telecom startup, Global Crossing, which went through five highly paid CEOs before filing bankruptcy in 2002. Hindery held the job for six months. He was to get about $1 million in salary, $2 million in stock options plus $20,000 a month on his New York City apartment. He sued Global Crossing when it didn’t pay.”
  • (to) David I Chi Fann (Aksia LLC): “yes, i work for idiots. trying to switch groups within the firm – i work at Morgan Stanley MSREF which is the real estate investing unit. never realized how mindless real estate investing can be. these guys definitely do not have the ability to do PE. working on switching to the special situations group – part of fixed income. focus on distressed securities, with 1/2 of the time in japan and 1/2 of the time building the india practice . . . just received a very cute note from comfort. looks like he got my christmas card.”
  • (to) David I Chi Fann (Aksia LLC): “i work for idiots, so i want to see if there’s another group in Morgan Stanley. might be a pan-asian PE role at Lehman in HK, and i’m interviewing at KKR in tokyo. KKR is a great fit but a slow process.”
  • David I Chi Fann (Aksia LLC): “Also, not widely known but Comfort is spinning out of Citi… raising $2.5 billion and has $4.0 billion of commitments.”
  • Mark Bronson (Skadden Arps): “Do not sign anything.”
  • Mark Bronson (Skadden Arps): “Hi Deepak, I like Lou Forster, although he is not the most gregarious guy. They are the leading player doing PE investments in the market right now by far, in my view. Feel free to use my name if you want to send him a resume. Same with Colony. The local guy is Toshio Masui.”
  • David I Chi Fann (Aksia LLC): “Kunna Chinniah – My friend Deepak Moorjani of Morgan Stanley thought that you would be interested in our strategy. We acquire ‘small cap’ U.S. based technology companies that we believe are either relevant or prospectively relevant to Asia. Post acquisition, we move certain business operations such as manufacturing, research and development, and administration to Asia. Longer term, we intend to create growth opportunities in Asia directly and through corporate partnerships. As you’ll see in our presentation, the team has the skills and experience to execute on this strategy. I’ve attached a copy of our presentation for your review. I will call you in two weeks to follow-up on your thoughts. Best Regards, David Fann”
  • Jun Makihara (Neoteny): “I think the KKR e-mail is beyond bizarre. Do they consider Goldman to be a successful PE firm? What about Ripplewood? Lonestar? Cerberus? Wilbur Ross? Do they do no research at all?”
  • Chief Justice Thomas Moyer (Ohio Supreme Court): “I would suspend Frank David Jacobs for six months and stay the suspension on the condition that he commit no further misconduct during that term.” (Note: On August 11, 2005, relator, Disciplinary Counsel, filed an amended complaint charging respondent with professional misconduct. A panel of the Board of Commissioners on Grievances and Discipline considered the case on the parties’ consent-to-discipline agreement, see Section 11 of the Rules and Regulations Governing Procedure on Complaints and Hearings Before the Board of Commissioners on Grievances and Discipline (“BCGD Proc.Reg.”) and made findings of misconduct and a recommendation, which the board adopted.) (Disciplinary Counsel v. Jacobs, 109 Ohio St.3d 252, 2006-Ohio-2292)
  • Samir Kothari, Arete Consulting: “Deepak, Pls call me asap…..need to arrange meeting with Frank Forelle”.
  • The Toledo Blade: The Ohio Supreme Court, which governs the conduct of the state’s attorneys, reprimanded Frank David Jacobs of Sylvania Township for representing both a husband and wife during their divorce. Mr. Jacobs, who was admitted to the Ohio bar in 1959, declined comment. Costs were assessed to Mr. Jacobs. Mr. Jacobs was involved with a husband and wife who separated, and he continued to represent each legally while the divorce was pending. This was considered “misconduct – dual representation – accepting or continuing representation when professional judgment is likely to be compromised.” The findings of the panel of the Board of Commissioners on Grievances and Discipline of the Supreme Court were, in part: Mr. Jacobs began representing Dr. Wassef E. Michael Mikhail and his wife, Salma, in 1985. The Mikhails separated in March, 2001, divorcing in 2003.”
  • “Walid Chammah, who was named head of investment banking in August, announced a series of management changes designed to put senior Morgan Stanley (NYSE:MS) bankers closer to clients and to train junior bankers in the administrative roles performed by those moving up the ladder . . . Chammah is forming an operating committee at the top of the investment bank to set strategy. It includes Cordell Spencer, Colm Kelleher, Franck Petitgas, Paul Taubman and, on an alternating basis, John Carrafiell and Jay Mantz. The management committee will remain and is responsible for executing and implementing IBD’s action plans, according to Morgan.”
  • Jennifer Compton (Sun Federal): “Also, regarding your mother’s account (Dr. Moorjani) I am unable to release any information without her permission. I would need her to sign an authorization in order to give you the payoff on her mortgage. I know that you would like this to be a surprise for her; however I am unable to comply with your request without her knowing.”
  • Jennifer Compton (Sun Federal): “Good morning, Your mom called me today and gave her permission to release her mortgage payoff information: To pay her mortgage in full the amount is: $127,442.01. This payoff is good thru 12/17/06.”
  • Jennifer Compton (Sun Federal): “Deepak, I have received the wire and your mother’s mortgage has been paid in full. Have a wonderful Holiday and I hope to work with you more in the future.”
  • Irene Adams: “Hi Deepak and Happy New Year back. Mr. Pirie needs to know who you are dealing with over there.”
  • David Bonderman (TPG Capital): “Dear Deepak, Thank you for your note and materials. I am sorry that things are not working so well at Deutsche Bank, but perhaps things will work at Lehman Brothers. With respect to the deals you are working on, bear in mind that we do not invest in real estate, but good luck in any case. Yours truly, David”
  • (to) Leo Hindery Junior (ex-Global Crossing CEO): “This begs the question, ‘Should I stay in this environment?’ I would rather not move again, but this is a bizarre place which is largely under-managed . . . Any thoughts on this would be greatly appreciated.”
  • Leo Hindery Junior (ex-Global Crossing CEO): “The answers seem to be two in number: first, plan to leave and start looking for another situation — only you can decide if you want to look for something new while you are still there, or if you should leave right away; and second, with a lawyer’s help write a letter to someone who is most likely to be embarrassed by this conduct and most likely to do the right thing, which is to give you more bonus. I wish I could tell you to sue, but I think that’s a loser given the fact pattern. I am saddened by this for you — you deserved and deserved better. Let me know what happens, please.”
  • “New Jersey has committed $100 million to Court Square Capital Partners II, $25 million to InterMedia Partners VII, $200 million to a separate account managed by Goldman Sachs and $100 million to a separate account managed by Lehman Brothers.”
  • Julia Bates (Lucas County Prosecutor): “Anthony Pizza was a hero. He was a tremendous mentor. He was a fierce fighter of crime. He was loving to his family. I guess his legacy is incredible. His legacy will survive as one of greatness, an advocate of victims, and truly a scholar of law.”
  • Tulsi Moorjani Ramchandani: “Sorry to hear about Tony Pizza; realize that he was close to ur mom & dad; our condolences.”
  • Peter Godwin (Herbert Smith): “Hi Deepak, Peter Coney is presently away from the office (returning on Thursday) so he has asked me to respond on his behalf. I head our dispute resolution practice which includes employment issues such as that which you face. I should say that we at Herbert Smith will not be able to go on the record as acting for you against Deutsche Bank. Whilst we do not act for them in Japan so there is certainly no legal conflict, they are a major client of the firm in other jurisdictions. That said, if you would still like to speak with us, I would be pleased to speak with you and understand a little more about the issues you are facing. If you wished, we could then perhaps stand behind your Japanese counsel to stress test the advice you are receiving and assist you with strategy. If this works for you, please do call me on 03 5412 5412. I should be around today until about 3:15pm after which I will be in external meetings.”
  • Peter Godwin (Herbert Smith): “Very helpful – thanks.”
  • Peter Godwin (Herbert Smith): “When you arrive at Midtown, please take the shuttle elevator from 1F to 33F. Please then type in your 6 digit pass code in the ticketing device on the 33F (Ticketing Devices are located at the right side of 33F reception desk). Then, go though 33F gate using the “One Time Pass” and head to 41F. Your passcode is 161925 See you tomorrow.”
  • Peter Godwin (Herbert Smith): “Deepak, It was very good to meet you. Good luck and keep us posted. Best, Peter Godwin.”
  • Marie Whitener Hindery: “In the early 1950s, I was an independent contractor conducting surveys for large companies, organizations, and political parties. The Ford Motor Co. contracted with me to survey a cross section of the general public to learn if people would consider buying a small, American-made, midpriced car to compete with the popular Volkswagen. The findings were positive, but Ford ignored the findings and manufactured the Edsel [“They Built It, They Hyped It, It Flopped”]. That same year, I was contracted to conduct a survey with a select group of women of childbearing age about their willingness to take an oral contraceptive and their physicians’ willingness to prescribe it [“The Passions Behind the Pill”]. The findings were positive, and the company heeded the results of the survey.”
  • John Markoff (The New York Times): “Hi Deepak, Good to hear from you. The Times New Bureau in SF is at the address below. best, John”
  • John Markoff (The New York Times): “Let me know what you have in mind …. Is it related to technology?”
  • Peter Godwin (Herbert Smith): “Dear Deepak, Today I returned to the office. Peter Godwin has briefed me on your situation. Good luck and we are here to assist you as required. Kind regards, Peter Godwin/Peter Coney”
  • Peter Godwin (Herbert Smith): “Dear Deepak: I left a message with you this morning on your mobile phone. Please return my call on 5412 5412 when you are free. I look forward to hearing from you.”
  • Peter Godwin (Herbert Smith): “Dear Deepak: Many thanks for your call and good to speak with you. We look forward to hearing from you further and good luck with the union negotiations.”
  • Deepak Moorjani: “Hi John, It’s actually a story about Wall Street and corporate governance. I’d like to send some materials and ask you to forward internally.”
  • John Markoff (The New York Times): “I will be glad to….”
  • Peter Godwin (Herbert Smith): “Hi Deepak, We acknowledge receiving from you today by post a copy of the notice your union has sent to Deutsche Bank demanding a meeting take place at Deutsche Bank’s premises from 6.00pm on 24 October at which time you will make your demands regarding your termination. All the best with it and please let us know how it goes. Best, Peter Godwin/Peter Coney”
  • John Markoff (The New York Times): “Hi Deepak, I did get them. Were you planning to contact someone else at the times? would you like help?”
  • Skadden Arps: “The firm regrets to announce that Mark L. Bronson, an internationally recognized real estate and investment management partner in our Tokyo office, died suddenly on Wednesday, November 21, 2007. He is survived by his wife, Karen, and five-year-old twins, Jack and Mariko. Mark was 44 years old.”
  • John Markoff (The New York Times): “Hi Deepak, Sorry for being a lousy correspondent. In looking at your documents it seems like your best bet at the Times is our Tokyo business correspondent Martin Fackler. Should I introduce you? send the documents on to him?”
  • Peter Godwin (Herbert Smith): “We are here to assist you as always if required. Best, Peter & Peter”
  • Peter Godwin (Herbert Smith): “Dear Deepak, Thanks very much for your note. Your former employer is playing “hard-ball” and we agree with you that at this stage it appears the only way now to get things moving toward a satisfactory resolution is to commence legal proceedings. As you know, your former employer is an existing client of Herbert Smith’s offices outside Japan. Accordingly, if we are to assist you in the legal proceedings, we request that you not mention our name or involvement to your former employer. We trust that is satisfactory. Second, because this will be a Japanese proceeding Japanese counsel will need to be engaged to represent you in court (with us assisting with strategy “behind the scenes”). We will source for you the most appropriate Japanese counsel for this case. We should add that your case has recently taken on something of a “profile”. We have heard in the market about the union activities at the Deutsche Bank Christmas party. Assuming you are happy with the above arrangements, we are happy to assist you in preparing in conjunction with Japanese counsel a statement of claim to file against your former employer. To enable us to commence work, we would request, as we do with individual clients in court proceedings such as this, a payment in advance for our fees to our client trust account of JPY2 million. Our account details are as follows:-Account Name: Herbert Smith Gaikokuho Jimu Bengoshi Jimusho; Mizuho Bank Toranomon Branch (046); Futsu Account No. 2660480. We will then be happy to meet with you at a time of your convenience and then to obtain all necessary documents and information so that the statement of claim can be prepared and filed as soon as possible. As to your questions, there is nothing preventing you from stopping your union activities once you commence legal proceedings. Perhaps this, together with your question regarding “outside help”, is something we can discuss when we meet (and as to your second email today – yes, we are happy for the first meeting to be a general discussion of the case so you can put a “face” to Peter Coney’s name). We look forward to hearing from you. Best, Peter Godwin/Peter Coney”
  • Richard Walker (Deutsche Bank General Counsel): “I have concluded that I should resign from MBIA’s Board. I do so with great regret and only after very careful consideration of the interests of both MBIA and Deutsche Bank. When I joined MBIA’s Board in 2006, existing business relationships between MBIA and Deutsche Bank provided no basis to believe that I would be unable to give both institutions my full attention and undivided loyalty.”
  • Peter Godwin (Herbert Smith): “Hi Deepak, Have you had a chance to consider our email below? We look forward to hearing from you and how you wish to take this matter forward.”
  • Peter Godwin (Herbert Smith): “Hi Deepak, Many thanks for your message last week – we tried to call but you were not available. Please drop us a line in order to discuss. Our telephone is 5412 5412. Best, Peter Godwin/Peter Coney”
  • Taka Hyuga (Bloomberg): “Deepak, Hi, good to see you today. Sorry I left early. I sent you the story as fyi. Stay in touch. I will also send you details on the labour union I mentioned. Have a good weekend! Taka”
  • Taka Hyuga (Bloomberg): “Hi, Deepak. I received the documents. I read through it, and I think you can win. Can I see your lawyer urgently? Can I contact her? Taka”
  • Greg Farrell (Financial Times): “received your letter today…would like to discuss…”
  • Nancy Yamaguchi (Morgan Lewis): “As lawyers, our first and foremost professional obligation is to advise business people to follow the law and to act in a fair and just manner. Legal compliance is not always easy, but that is our job and we chose to become lawyers. If we take the easy road and simply follow the business people’s desires, we would fail as lawyers and have no choice but to resign. Such professional failure would also result in losing the license to practice law or disbarment, and definitely a loss of professional credibility and careers. In any case, I’m glad to see that you are doing the right thing by helping Deepak and please continue to help him — of course, it is your professional duty as a lawyer, but I also want you to know that I appreciate and respect you for it.”
  • John Markoff (The New York Times): “Hi Deepak, I will forward this to Martin Fackler.”
  • Paul Barrett (BusinessWeek): “Deepak: Thanks for your email. With your permission, I’ll pass it along to a colleague more expert than I in finance to get his opinion. As I mentioned, I’ve moved (back) to BusinessWeek magazine as assistant managing editor for investigative projects, so that’s where I’d explore potential coverage. I’m not really in the business of offering advice on media strategies, generally. But if you offer your story exclusively to BW, we would certainly entertain seriously the idea of writing about your experiences. My guess is that we’d be interested in an “inside story” of life within a major investment bank in a time of crisis. It goes without saying that by telling us this story candidly, you would in all likelihood be burning bridges at DB and possibly in the industry generally. I wouldn’t always necessarily offer that reminder, but since you approach me as a friend of Omid Safi (FOM?), and I owe him a debt of gratitude for helping me with past work on unrelated matters, I want to make sure you’ve thought this through. Let me know whether I can share your letter. Also, have you formally filed suit? If so, we’d want to see your legal papers. Best wishes (and sorry about the unhappiness that leads to your contacting me), Paul”
  • Paul Barrett (BusinessWeek): “Deepak: Many thanks for this. Are you willing to speak with a reporter on the record?”
  • “The Japanese National Police Agency (NPA) estimates that the yakuza have almost 80,000 members. The most powerful faction, the Yamaguchi-gumi, is known as “the Wal-Mart of the yakuza” and reportedly has close to 40,000 members. In Tokyo alone, the police have identified more than 800 yakuza front companies: investment and auditing firms, construction companies and pastry shops. The mobsters even set up their own bank in California, according to underworld sources. Over the last seven years, the yakuza have moved into finance. Japan’s Securities and Exchange Surveillance Commission has an index of more than 50 listed companies with ties to organized crime. The market is so infested that Osaka Securities Exchange officials decided in March that they would review all listed companies and expel those found to have links with the yakuza. If you think this has nothing to do with the United States, think again. Americans have billions of dollars in the Japanese stock market. So U.S. investors could be funding the Japanese mob.”
  • Press release – “Today, the Tokyo Summary Court ordered the consolidation of a Deutsche Bank AG lawsuit into an existing lawsuit in Tokyo District Court. On June 6, 2008, Deutsche Securities Inc., a subsidiary of Deutsche Bank AG, filed a lawsuit against one of its employees in Tokyo Summary Court (Case #13543). David Hatt, CEO of Deutsche Securities Inc., filed to have JPY 912,000 in rental payments (approx. US$8,690) reimbursed to the firm.”
  • Matthew Goldstein (Business Week): “Deepak sorry we keep missing but it’s rough with the time difference Let me email you some questions to get an idea where this is going. While I find your arbitration interesting, I think any story here would have to focus on the bigger picture–which would be an systemic violation at DB. In a nutshell, could you tell me what you think DB is doing wrong–I’m talking a graph or two—and whether you believe it’s still going on. In the end for us to move forward with a story we have to be able to show some pattern of wrongdoing at Deutsche Bank. Thanks Matt”
  • Paul Barrett (BusinessWeek): “Matt, Let’s give Deepak your assessment of where we stand with this. If we’re not going to move forward, let’s tell him why — and let him know what he’d have to show us to make us reconsider. I’m quite content to leave this to your good news judgment. Many thanks! Paul”
  • Matthew Goldstein (Business Week): “Deepak. Hi. I think for now, it doesn’t make sense to do a story for BusinessWeek. I’m not passing judgment on the merits of your case; it’s just I don’t see a bigger picture here for our readers. To do a story, I’d like to see alleged violations that paint a real systemic problem at DB. If your allegations are true, I see some problems with the Asian operation, but not on a large enough scale. By all means, let me know how your case turns out. It’s possible I may want to take another look at that time. Best, Matt”
  • Leo Hindery Junior (ex-Global Crossing CEO): “I will think about this for you. I am rooting for you. Leo”
  • “Whitney Group LLC, a 20-year-old recruiting firm that helped Wall Street banks hire executives, sued its former chief financial officer, claiming his financial “misappropriations” caused the company to collapse . . . Whitney is insolvent, unable to meet payroll obligations and plans to “wind up” its affairs under New York’s Debtor and Creditor law, according to the complaint . . . Whitney Group, which has offices in New York, London, Boston and Hong Kong, generated revenue of $30 million last year. As of August, it had a no cash balance and accounts receivable of less than $100,000 in New York, according to Sussman’s complaint.”
  • Arianna Huffington: “Many thanks, Deepak – cc’ing our business editor David Burdick to connect with you. All the best, Arianna”
  • Steve Clemons: “Leo Hindery did get some consideration and is on the short list — but he won’t be invited on to the cabinet for the time being. Obama wants a minority of some kind in the commerce slot I am told . . . but Leo is one of the contenders for a second round of appointments. Leo and I are good friends. Best, steve”
  • Leo Hindery Junior (ex-Global Crossing CEO): “Nearly 250,000 high-level finance industry professionals have been let go in just the last year, and there is enough corporate larceny and misbehavior surrounding their fair and unfair discharges to fill a prison. The stories that need to be told about them are legion and someday they will be legend, and yet at the same time you are trying to get a story told about a single incident involving a single individual in a distant land with confusing (to say the least) and un-comparable labor laws.”
  • “Senator Daschle is a limited partner in InterMedia Partners of Englewood, CO and Chairman of its Executive Advisory Board. Senator Daschle also is an independent consultant to InterMedia Advisors, LLP of New York City. He entered into a business relationship with InterMedia in February, 2005. Beginning in April, 2005, the senator was provided the use of a car and driver by Mr. Leo Hindery, the Managing Partner of InterMedia. In addition to being business partners, Mr. Hindery and Senator Daschle have been personal friends for many years. Charges for the car and the services of the driver were billed to InterMedia. InterMedia did not issue Senator Daschle a Form 1099 for the value of the car service and Senator Daschle did not report the value of the car service as income on his original tax returns for 2005, 2006 and 2007.”
  • Politico: “Tom Daschle backed the patron who paid him a million-dollar salary and supplied him with a free car and driver for a job inside the Obama administration, two Democrats said Monday. Leo Hindery, whose InterMedia Partners employed the former Senate majority leader, had been mentioned as a possible secretary of commerce or U.S. trade representative. ‘Tom was pushing for him,’ said one Democratic source. Obama’s aides rejected Daschle’s suggestion that a top job go to Hindery, for whose private equity fund Daschle had served as a rainmaker and adviser . . . Hindery, though, was also in the top rung of donors: He personally contributed more than $1 million to the Democratic Senatorial Campaign Committee under Daschle’s leadership. Leo Hindery also backed [John] Edwards far beyond almost any other donor. Campaign finance records show that he underwrote private jet travel for Edwards’ 2008 campaign, a campaign finance loophole that has been since closed. A former aide said Hindery paid the bulk of Elizabeth Edwards’ travel expenses . . . Hindery also was behind one of Daschle’s strangest post-Senate career moves. In April of 2006, Daschle joined the board of directors of Apollo Investment Corporation, a publicly traded arm of the private equity firm Apollo Management. But only a few months later, Daschle was out, and the company announced his resignation on July 7, citing ‘other commitments’ that prevented Daschle from continuing at Apollo. But a source close to the situation tells Politico what really happened: Hindery was upset that Daschle had signed on to help a firm that Hindery viewed as a competitor. ‘Leo threw a fit,’ the person says. ‘Leo was paying him more, so Daschle quit.'”
  • “Securities and Exchange Commission Chairman Mary L. Schapiro announced today that former federal prosecutor Robert Khuzami has been named Director of the Division of Enforcement. Previously, Mr. Khuzami served as a federal prosecutor for 11 years with the United States Attorney’s Office for the Southern District of New York. As Chief of that Office’s Securities and Commodities Fraud Task Force for three years, Mr. Khuzami prosecuted numerous complex securities and white-collar criminal matters, including those involving insider trading, Ponzi schemes, accounting and financial statement fraud, organized crime infiltration of the securities markets, and IPO and investment adviser fraud. Mr. Khuzami most recently served as General Counsel for the Americas at Deutsche Bank AG.”
  • Michiyo Nakamoto (Financial Times): “Hello, I have received several emails from you and others regarding your case against Deutsche. Would it be possible to meet some day to discuss the situation?”
  • White & Case: “In its February 9, 2009 8-K Report, Morgan Stanley disclosed that ‘it has recently uncovered actions initiated by an employee based in China in an overseas real estate subsidiary that appear to have violated the Foreign Corrupt Practices Act.’ That employee, Garth Peterson, was Morgan Stanley’s top property deal-maker in China until he was terminated in December 2008. Morgan Stanley has also put Sonny Kalsi, its global head of real estate investing, on administrative leave as a result of this recent disclosure.”
  • Richard Joseph: “deepak, your mother seems to be doing much better. her voice sounds stronger. will keep you informed. take care–best regards. Mr. J.”
  • “A former Pacific Corporate Group executive worked with an executive from Clinton Group, a hedge fund management firm, to set up a joint venture fund of funds to invest NY Common money in private equity, according to the complaint. The executives from Pacific Corporate Group and the Clinton Group agreed to cut Morris and another designated individual in on the profits from the joint venture, known as Strategic Co-Investment Partners, the complaint states. Morris and the designated individual split a 10 percent management fee from the enterprsie, eventually totalling $1.26 million, while Loglisci “arranged” for the pension to invest $750 million in the joint venture.”
  • Peter Godwin (Herbert Smith): “Interesting – thanks.”
  • Bloomberg: “Lone Star Funds, a private equity firm that’s trying to buy more distressed assets, will acquire New City Residence Investment Corp., winning a bidding contest for the first listed property trust to fail in Japan. New City submitted a rehabilitation plan to the Tokyo district court, the Tokyo-based firm said in a statement on its Web site. The company will sell shares in a private-placement to Lone Star in November as part of the plan, the company said. The deal would total about $1.2 billion including debt, according to three people with knowledge of the transaction. The deal will give Lone Star control of more than 6,700 apartments in Japan and may spur interest in other real estate investment trusts, which use rental income to pay dividends.”
  • Leo Hindery Junior (ex-Global Crossing CEO): “I would love to see you, my friend, but I will be in Korea with our Defense and State Departments on behalf of Obama. I will miss seeing you. Leo”
  • Kerstin Kohlenberg (Die Zeit): “Hi Deepak, oh yes, I read them and after that went to your scribd-page and read everything that is there. What you discovered at Deutsche Bank in regards to almost 100 percent loans and the connection to bonuses is exactly what apparently happened at Hypo Real Estate (only that they offered 160 percent commercial real estate loans which in German is actually against the law. I am researching that story right now) so I am a little familiar with the topic. I just did a story about Merkel and her advisers and how badly their bank-overview functions. (http://www.zeit.de/2009/15/DOS-Kanzleramt) I believe what you discovered in a heartbeat. I think your demands for better risk management and a different incentive structure need more audience – and connected with that very case that you are presenting, it would make a big, big story. I write 8000 word features (kind of like a New York times Magazine Story) and I would very much write about you and the case you are making. There are a lot of people out there that demand change, but there is you who can show how rotten the system still is, and how the managers say one thing to the media and something else to people like you. The fact that your letter was ccd to Angela Merkel makes it even more interesting, because I could confront her with it, and ask about her real interests in changing the system (like she said on the G20 summit). So any clue when you will be back in New York? Kerstin”
  • Nick Clark (The Independent): “Hi Deepak, Thanks for your emails – are you around for a chat at all? where are you based at the moment?”
  • Kerstin Kohlenberg (Die Zeit): “Hi Deepak, Thanks for the mail. But I think the documents are removed from your scribd-site. Is there a chance that we talk on the weekend? Kerstin”
  • Leo Hindery Junior (ex-Global Crossing CEO): “Deepak: I am very grateful for your perseverance re Fund II, and proud of you re your struggle. You are a good guy — let me think about a possible publisher, although one doesn’t come readily to mind. All my best, Leo.”
  • Reuters: “JPMorgan Chase & Co (JPM.N) will combine its equity and debt capital markets divisions and leveraged finance business into one operation in Japan, three people familiar with the matter said. The move comes as the U.S. bank changes its business structure in Japan to benefit from easing government regulations on the Japanese financial industry. JPMorgan has named Douglas Howland, who now leads the equity capital markets team, to be head of capital markets, which will be created in July, said the people on condition of anonymity because the move has not been made public.”
  • Daniel Ivandjiiski (ZeroHedge): “Congratulations. Any money is better than no money . . . Take it from a blog that is merely scraping by. I would love to keep writing on the case, just not sure under the terms of the settlement what i can and can not publish with DB going after me. Looking for some color there.”
  • Bloomberg: “Reinhard Marsch-Barner, then a senior counsel, took part in 2006 meetings that led to the hiring of private detectives to monitor Michael Bohndorf, according to part of a report by a law firm retained by Deutsche Bank and obtained by Bloomberg News. The report details how investigators took pictures of Bohndorf’s home on the Spanish island of Ibiza and attempted to place an intern at a law firm representing a client suing the bank.”
  • Steve Clemons: “10:35 am Vice President Biden has just arrived. We don’t see him yet — but I hear his voice. There are about 90 people in the room. Just saw now Leo Hindery in the front row. Hindery served as Senior Economic Policy Advisor to John Edwards during his most recent presidential campaign and then was on economic advisory team to candidate Barack Obama.”
  • Michael Spindler (ex-Apple CEO): “Deepak: I read both letters – really a nice job. Well done! When do you cut our checks? How is the weather in your ‘neck of the woods’, may be it holds so you can move about freely. Best regards Michael”
  • Michael Spindler (ex-Apple CEO): “Deepak: These are all very sweet and innocent people. Just shoot them all. Instead it becomes fashionable to plead guilty to cut a deal so the prosecutor can go for the bigger fish since the accused gives other names away. It also tells you what sort of people Bill Pade (McKinsey) surrounds himself with.”
  • Michael Spindler (ex-Apple CEO): “Deepak: very thorough and well written. You( Upstart) didn’t need this sort of thing. Just useless effort and time ill spent. I hope Pade takes this seriously enough and puts his a.. behind it to find out and put pressure on providing the documents. best, Michael”
  • Michael Spindler (ex-Apple CEO): “Not much going on at the moment. I am reading Henry Paulsen’s book On the Brink. Boy, he is trying to explain what happened through the financial crisis. I am not totally stupid but I don’t understand much about these technical details (say products) they dealt with. Same for all the federal organizations that were created and you never heard of. Do you know the terms MLEC, SIV, CDO or CDO-squared? As for the McKinsey guys. Why don’t you just make out a check to the name of their original investment vehicle (fund) and let them reconcile their shit at their end. That way we don’t penalize anybody and close out the fund . . . If we wait for them we never get any traction I guarantee you. Just a thought.”
  • Michael Spindler (ex-Apple CEO): “Didn’t know you were back in Asia. Wrapping up? Just send the darned check to the McKinsey guys (the initial investing outfit) [Bill Pade et al.] and let them deal with their own shit. There are not worth the ink of an e-mail. This is beyond being stupid. Even George W. Bush could work there — being a decider!”
  • Shirley Joseph (Medical College of Ohio): “Deepak, Hope all is well with you. I took your mom to Flower Hospital (NOT St. Anne’s) at her doctor’s request. She’s OK. Her doctor called me tonight around 7 and asked if I would do this. Apparently, your mom saw the doc at 2 p.m. and then called her around 6 p.m. to say she was getting a headache. The doctor thinks she needs to be evaluated for many reasons, some of them psychological. She seems obsessed with her health, and her docs are growing impatient with her. Dr. Rosemarie Osowik, when she called tonight, was lovely and very determined to get to the bottom of all this. Flower Hospital, she said, has many more services than St. Anne’s and that’s why she wants her there. Mom is in Room 517, two very nice nurses greeted us at the door to her lovely private room. Hospital No. is 419 824 1444. I left two bowls of dry cat food and water for Tigger. He should be OK for two days or until you return on Monday. Please stay in touch. Love, Mrs. J. 9:47 p.m. Saturday”
  • The New York Post: “Departing Deutsche Bank investment banking co-head Michael Cohrs took a shot at private equity firms — at the same time the bank is signaling it’s ready to do business with them again. The embattled Cohrs, in a 90-minute farewell video conference last week that was broadcast internally, told his team that buyout firms were responsible for putting the bank in a bad financial position, according to sources who heard or were briefed on his comments. Deutsche Bank, like almost all the major banks, underwrote pieces of the biggest leveraged buyouts during the 2004-07 boom. When the credit markets froze in mid-2007, Deutsche was left holding some of those loans it could not re-sell — and was forced to book losses as loan values plummeted. Cohrs, who rose to fame by making and approving these loans, is now complaining the PE firms forced Deutsche to keep commitments and would not share much of the financial pain, those familiar with his farewell talk told The Post. In one instance last April, Cohrs took the rare step of refusing a request by Henry Kravis’ Kohlberg Kravis Roberts to renew a revolving line of credit for semiconductor company NXP. As a result, the bank was stripped from underwriting NXP’s $1 billion initial public offering.”
  • Leo Hindery (ex-Global Crossing CEO): ” Where are you in the world? This is an interesting opportunity, but not for us, as I will elaborate when I see you next. As for me, surviving is a good description. Once I am completely off antibiotics, I plan to ‘upgrade’ my self-assessment. How’s your mother? All my best, Leo”
  • Alec Tracy (Skadden Arps): “Deepak, I’m sad to hear this. Working with Arthur Borden on one of my first deals as a newly minted lawyer in New York was a great pleasure. He was one of the old school, and showed me what it was to be a lawyer whose word could be taken at face value, something to which I have aspired throughout my career. I will mourn his passing and honor his legacy. Alec”
  • “The Chancellor, George Osborne announced the appointment of Michael Cohrs as a non-executive director to the Court of the Bank of England.”
  • Lynn Balshone Jacobs: “Lynn Balshone Jacobs has just been appointed to a third (and final) three-year term, by the Ohio Supreme Court, to its Board of Commissioners on Grievances and Discipline. That is the arm of the Supreme Court which conducts trials of Ohio attorneys alleged to have violated attorney ethics rules. Its recommendations go to the Supreme Court which metes out the final disciplinary sanction, which can be anything from a public reprimand to permanent disbarment. Lynn also serves as an appointee (4 year term) to the Lucas County Commissioners to the Lucas County Children’s Services, as chair of its Public Affairs Committee, which follows state and federal legislation affecting the interests of all children in Lucas County whom this agency protects from maltreatment. As much as Lynn enjoys these stimulating retirement avocations, her favorite activity is family time. In March, Frank and Lynn enjoyed a week in Palm Desert, CA, with their family who traveled to San Diego, Reno and Dallas to give them “quality time” with their five young grandsons!!! What a blessing!”
  • Lynn Balshone Jacobs: “Lynn Balshone Jacobs and Frank continue to be enamored with their five grandsons, son Bruce’s 12, 10, and 8 year old sons in Dallas, and Joy’s almost 6 year old twin sons in San Diego! She wonders why clothing manufacturers don’t get more creative with boys clothing. Lynn is fortunate to be able to continue her quasi-judicial work hearing attorney ethical misconduct cases on behalf of the Ohio Supreme Court. Regards to all classmates”
  • Frank Jacobs (Eastman & Smith): “Deepak, I represent your mother, Dr. Zubeida Moorjani. I recently met with her. She provided me with the package of documents that you sent her, including your letter demanding that she sign a Durable Power of Attorney in your favor. Your letter concluded with a threat to file a court action alleging your mother’s incompetence, with a goal of appointing you her legal guardian.”
  • Lisa Stout: “Frank Jacobs turned your mother against you.”
  • Author’s Note: Frank Jacobs’ allegations were false in all material respects. The power of attorney idea came from Jeffrey Auld, CEO of SagePoint Financial and Robert Benmosche, CEO of AIG. Subsequent to my inquiries, Jeffrey Auld’s designee at SagePoint Financial declined to provide any information, because I did not have power of attorney. Consequently, I sought to obtain my mom’s financial power of attorney, and I consulted with two of my mom’s closest friends: Jennifer Compton (Sun Federal) and Richard Joseph. Since my mom is not able to balance her checkbook, Jennifer Compton and Richard Joseph agreed that financial power of attorney was a logical idea, and I subsequently discussed this idea with my mom on a visit to Ohio. Also, I did not want my mom to be represented by a lawyer with a disciplinary record. After Tony Pizza’s passing, I informed my mom that we should terminate her relationship with Frank Jacobs (Eastman & Smith), and we should restart her relationship with Ralph Denune (Ohio Bar No. 116295). With Ralph Denune, I think my mom would have received higher quality legal work from someone with a higher degree of integrity. In our July 22, 2021 conversation, Kevin Heban (Ohio Bar No. 29919) confirmed that I was ineligible to become my mom’s legal guardian in Ohio, because only an Ohio resident can be appointed as a legal guardian.
  • Seattle Pacific University: E. Marie Whitener Hindery ’97 died December 23, 2014, at the age of 90. Born outside Bellingham, Washington, on the family’s chicken farm, Marie eventually moved to Seattle and married a Navy husband and man from Missouri while he was on leave from the USS Enterprise. Endowed with a feisty spirit, she nevertheless had a heart for others and liked to assist the underserved, especially immigrants and single mothers. An enthusiastic bridge player, who wrote and taught on the game, Marie at the age of 73 fulfilled a life-long dream when she earned her bachelor’s degree in political science from SPU. She is survived by two sons, a daughter, seven grandchildren, seven great-grandchildren, and a sister.
  • Bellingham Herald: Marie Hindery was born Ethel Marie Whitener on January 15, 1924 in Bellingham,WA and died on December 25, 2014 in Gig Harbor, WA at age 90. The second of three daughters, Marie was raised on the family’s chicken farm outside Bellingham. After high school, Marie moved to Seattle and worked at the Seattle Labor Temple, the first of many times in her life that she worked to improve the lives of others. On June 30, 1945 Marie married Leo Joseph Hindery (of St. Joseph, MO) when he was on leave in Bremerton, WA from the USS Enterprise. The newlyweds moved to Illinois and in 1953 they returned to Washington State, where they alternated living in Seattle and Tacoma. Marie and Leo divorced in 1981. Marie, at once a devoted homemaker while working part-time, always found time to assist the underserved, especially immigrants and single mothers. Marie was an engaging bridge player, and bridge brought her many friends and travel throughout the world. At age 73, in 1997, she received her Bachelor of Arts in Political Science from Seattle Pacific University, fulfilling a life-long dream. Marie Whitener Hindery is survived by her daughter (Mary Ann Seiwerath of Gig Harbor, WA) and two sons (Leo Joseph Hindery, Jr. of New York, NY and Michael Anthony Hindery of Palo Alto, CA), seven grandchildren, and seven great children. She is also survived by her younger sister Margaret Anne (Whitener) Forstrom of Gig Harbor, WA. According to Marie’s wishes, there will not be a service. If you want to remember Marie, please send support to the YWCA (Rita Ryder, Director of Association Services, YWCA Opportunity Center, 2024 – 3rd Ave., Seattle, WA 98121), which she enthusiastically supported.
  • Lynn Balshone Jacobs: “I count my blessings and thank my son, Bruce for his donated kidney to his mom three years ago. I am truly relishing every branch and beautiful flower on our family tree. Children and grandchildren make trips to see utterly warm climates. My husband, Frank is still practicing law full time in Toledo. In between trips, my current project is the founding of the Toledo Jewish Historical Society. And a unique collaboration is happening between other Jewish Historical Societies and the Lucas County Library System. It will permanently archive and digitize our rich history – over 170 years!”
  • Tom Turner (CBRE): “John Alessio is a highly respected attorney, both for his legal skills and his practice management. He has demonstrated as a Management Committee member great judgment, a solid grip on the workings of the firm, as well as a good feel for the legal community and the overall business of law. Perhaps most importantly, John has demonstrated time and again that his decision-making process is driven first and foremost by determining what is in the best interest of the firm as a whole. He will not just succeed, but excel, as Procopio’s next Managing Partner.”
  • John Alessio (Procopio): “Tom Turner set the ‘gold standard’ for managing partners and has taken Procopio to remarkable heights. It is a great honor to be selected by my peers for this position, and I am highly motivated to lead Procopio to even greater success.”
  • Mom: “My dear Dee. Hope you are well and busy. So you know, I am going to San Diego on Dec 1st for four months to the warm weather . . . My address is Paradise Village, 2760 E 4th Street, Apt [redacted], National City, CA 91950. P.S. I would love to see you at X-mas. I am allowed one free guest for 1 week. Mom.”
  • Frank Jacobs (Eastman & Smith): “Deepak: We have communicated before. I am your mother’s attorney. Zubie recently signed updated core estate planning documents including a last will and testament and a self-trusteed revocable trust. Basically, you are a substantially equal beneficiary with your brother, Sunil.”
  • Mom: “Dee. This is Mom. I am in San Diego, and I would love for you to come and see me. I am not well. Honey, I am really going down, and I would like for you to come and see me. Call me.”
  • Mom: “I am afraid for you to come.”
  • Mom: “Spoke with Frank Jacobs. He is not lifting the restraining order. I am afraid for you to come” (Author’s Note: California is a personal service jurisdiction, and Frank Jacobs (Eastman & Smith) has not served any documents.)
  • Mom: “Jacobs said – Mr. Jacobs said I have to have someone with you – with me – when you come here.”
  • Mom: “And I talked to Mr. Jacobs. He said he has to clear the restraining order before you can take a step. And I don’t know.”
  • Mom: “Dear Deepak, The restraining order has not been rescinded so I’m afraid for you to come here and I’m not strong enough at the moment to debate any issues.”
  • Jennifer Compton (Sun Federal Credit Union): “Hi Deepak I’m here with your mom and I’m really worried about her . . . she is walking in circles and shaking and talking about things I can’t understand . . . I’m asking you should I contact someone to come out and check her she is not doing good . . . I don’t know to help her medically.” (Author’s Note: Jennifer Compton stated that my mom said, “I should just commit suicide.”)
  • (to) Rosemarie Osowick: “Dear Rosemarie, On January 08, 2019, Jennifer Compton of Sun Federal visited Mom at 6036 Quarrys Edge Lane, and Mom stated, “I should just commit suicide.” The possibility of suicide should never be underestimated, and this is a direct cry for help. In Jennifer Compton’s opinion, “She cannot stay in Toledo.” Author’s Note: This letter was also sent to Louise A. Jackson (Eastman & Smith) and Thomas Osowick. At the time, Thomas Osowick was a judge of the Ohio Sixth District Court of Appeals.
  • Jennifer Compton (Sun Federal): “Your mom is super mad at me. I do feel this is the right thing to do. She needs someone to help her and I’m glad that action is being taken.”
  • Jennifer Compton (Sun Federal Credit Union): “Hi Sunil, I just wanted to give you a little bit of information regarding your mom. I visited her a few weeks ago to help with her bills and checking account. She was not doing good that day. She was very upset and extremely anxious. She couldn’t remember if she had taken her medicine. She was very shaky. She was really mad at herself that she left California and thought it was a big mistake. She stated that she is not doing good and thought she should “just commit suicide”. I told her that I was extremely worried about her and that I was going to call 911.”
  • Douglas Solomon (IDEO): “Hi D, I hope you are doing well and staying safe, wherever you are. I think you know that I value our friendship and want the best for you. I wanted to understand why we are getting various documents in the mail. What is the purpose? I have no clue. And, just so you know, Susan is no longer practicing law. No need to send her stuff too. Take care and hope to hear back soon.”
  • Mom: “I don’t think Sunil reads your emails.”
  • Deepak Moorjani: “My mom’s equilibrium is chaos. Since childhood, I have recognized my mom’s lack of competence. While she had a admirable career, my mom has always been an emotionally immature person who creates drama in her personal life. My mom creates drama, because this is how she learned to obtain love and affection as a child. Despite my mom’s emotionally abusive behavior, I will be taking charge of my mom’s care, and I will be moving my mom to her house in San Diego. Seema and Sunil will necessarily have major roles.”
  • Deepak Moorjani: “This memorandum is an official notification of Seema Moorjani and Sunil Moorjani’s elder abuse. Seema Moorjani and Sunil Moorjani‘s failure to perform constitutes elder abuse, and their elder abuse will necessarily be punished. On May 18, 2021, my mom meant to terminate my call, but she hit the wrong button. Therefore, I heard her conversation with her helper, and my mom stated, “I don’t want to talk to him.” For verification purposes, I recorded the conversation, and the recording confirms these issues: • My mom lacks the competence to make her own decisions: my mom asks her helper what she should do about her appointment, and my mom subsequently takes the helpers’ advice without question. My mom also plays the role of the helpless child: she subsequently asks the helper to call on her behalf, because she is unable to manage her affairs. (Note: My mom has never had the competence to make her own decisions, and this is a function of her low self-esteem.) • My mom is tormented by her loneliness, and she repeatedly tries to manipulate her helper into staying longer. My mom is terrified of being alone: in the sound of her voice, one can hear my mom’s desperation as she consistently tries to prevent the helper from leaving.”
  • Deepak Moorjani: “Eastman & Smith have obtained and have used our personal data without our knowledge and without our consent. Eastman & Smith’s previous uses of our personal data constitute willful violations, and Eastman & Smith’s retention of our personal data is expressly prohibited. Brigid Heid of Eastman & Smith shall promptly deliver a notarized affidavit certifying the deletion of our personal data by all members of Eastman & Smith. Further, Brigid Heid of Eastman & Smith shall disclose the identities of any persons to whom our personal data was disclosed. This notarized affidavit shall be delivered to Zubie Moorjani, M.D. in Sylvania, Ohio.”
  • Kevin Heban (Heban, Murphree and Lewandowski): “Deepak, pursuant to our phone conversation, we understand you may desire that our office represent you in the issues relating to the above listed matter. In order for us to do this, we need to enter into an Attorney Fee agreement. Attached please find such a Contract. Our office would bill you monthly for the charges so you are aware of the time and costs. We would expect payment of the invoices as they are sent.”
  • Kevin Heban (Heban, Murphree and Lewandowski): “If we do not receive the signed contract from you, we will presume that you have decided not to engage us as your attorneys and will close the file accordingly.” (Author’s Note: On July 22, 2021, I interviewed Kevin Heban, Kent Murphree and John Lewandowski of Rossford, Ohio. I informed these individuals that I planned to move my mom from Sylvania, Ohio to her home in San Diego, California. Kevin Heban informed me that only an Ohio resident can become a legal guardian, and Kevin Heban proposed that I pursue the legal guardianship process in Ohio to have Kevin McManus appointed as my mom’s legal guardian. Subsequent to the July 22, 2021 conference call, I have not contacted anyone at Heban, Murphree and Lewandowski.)
  • John Alessio (Procopio): “Our office represents your mother and father, and Sunil and Seema in the lawsuit you filed against them on August 4, 2021. Please direct all future communications to our office. I would like to schedule a time for a telephonic meet and confer with you this week pursuant to Code of Civil Procedure section 430.41 regarding our intended demurrer to the Complaint. I am available 9/21 after 2pm, 9/22 between 9 and 11, and 9/24 between 3 and 5.”
  • John Alessio (Procopio): “You requested we delete your e-mail addresses from our records because our possession of them is a violation of your personal data. However, particularly in litigation, contact information for parties and non-parties is not protected information. We are aware that you communicated via e-mail with your mother’s attorney in the past, Mr. Jacobs, and we are simply doing the same as a convenient, efficient, and green method of communication. If you have a physical address that is not a PO Box, we can send copies of our correspondence to that address as well so that you may receive them in a timely manner.”
  • Deepak Moorjani: “Please only use the contact information publicly listed on the complaint. In my voicemail, I stipulated that your response should be sent via phone, and I stated that you should not be using my personal data (e.g. personal email). I consider the attached response (“20210921 Seema Moorjani, violation of personal data”) to be a willful violation of my personal data. Your statements regarding Frank Jacobs are false and misleading, and I recently delivered a violation of personal data notice to Eastman & Smith. To the best of my knowledge, I have not provided you with with any of my email addresses. If you have received this personal data, this was done without my knowledge and without my consent, and I consider your possession and your use of my email addresses to be in violation of my personal data. At your earliest convenience, please send a notarized certification that you have deleted my email addresses (and any other personal data) from your databases. Please deliver this to the physical address publicly listed on the complaint, and I would like this notarized certification to be signed by John Alessio, Melissa Turpin and Zag Bassirian (listed in alphabetical order).”
  • John Alessio (Procopio): “I look forward to speaking with you tomorrow at 10:30 a.m. Please call my office line below. Regarding the alleged violation of your personal data, you are a plaintiff in litigation that you filed against our clients, your family members. We obtained your e-mail addresses lawfully and we are communicating to you for a lawful purpose. A party’s privacy rights are not violated by communicating with that party in regards to a lawsuit filed by that party. There is no law that prohibits our firm, as counsel for defendants in an action you filed, from communicating with you as a self-represented party. If you choose to retain counsel we will of course cease communicating with you directly and communicate with them, however, we will still not be obligated to delete your email addresses from our records. For example, if this case proceeds past the pleading stage and discovery is conducted, we have the right to request relevant e-mails and communications from you and you will not be permitted to redact your contact information from them prior to their production. Contact information (addresses, phone numbers, e-mails, etc.) are within California’s broad scope of discovery. After a careful review of your request and relevant authorities, we respectfully decline to delete your e-mail addresses from our records.”
  • Author’s Note: John Alessio (Procopio) subsequently contradicted himself. On December 15, 2021, Sean O’Callaghan (Rockstar Legal) served John Alessio (Procopio) with the Motion to Disqualify John Alessio et al. Subsequently, John Alessio (Procopio) sent two letters rather than violate my personal data. John Alessio’s letters are dated December 30, 2021 and January 12, 2022.
  • John Alessio (Procopio): “Mr. Deepak Moorjani – It was nice speaking with you yesterday. This will confirm you agreed to a global response deadline of 10/11/21 for our clients. We also scheduled a call for 10:30 a.m. on 10/1/21 to discuss whether you intend to proceed or dismiss the Complaint. If any of this is incorrect please let me know.”
  • Deepak Moorjani: “Offer to Mediate: On August 25, 2021 at 1:02pm, the Lucas County Sheriff served Zubeida Moorjani at xxxx xxxxxxx xxxx xxxx, Sylvania, Ohio 43560-xxxx. On September 12, 2021, Sunita Karnani informed me that ‘she moved to California.'” While I consider this move to be an admission of liability, I deliver this Offer to Mediate.”
  • Deepak Moorjani: “I would like to reschedule our Friday call. On review, I think that a dismissal with prejudice is not workable, and I have engaged CA counsel. I have delivered the attached “Offer to Mediate” to Seema Moorjani and Sunil Moorjani, and I have granted an extension of the global response deadline to October 18, 2021. My counsel is currently reviewing your demurrer notification and will be in touch directly.”
  • John Alessio (Procopio): “Thank you for the extension until October 18, 2021 and confirming you have engaged counsel. Please let me know their contact information so I can update our records and be on the look out for their call.”
  • Deepak Moorjani: “I am providing legal counsel’s contact info below. She will contact you once she has reviewed the file. Oriet Cohen-Supple, Wright & Supple LLP, 660 Key Route Blvd Albany, CA 94706-1423, 510-495-5749, oriet@wrightandsupple.com”
  • John Alessio (Procopio): “Nice to meet you via e-mail. I wanted to reach out and introduce myself, as well as confirm that you are representing Deepak Moorjani. I am attaching our meet and confer letter regarding our clients’ intended demurrer. Are you able to let me know by Friday whether your client intends to dismiss?” (Author’s Note: John Alessio (Procopio) contacted Wright & Supple LLP directly without my knowledge and without my consent.)
  • Oriet Cohen-Supple (Wright & Supple): “Nice to e-meet you too, I am and will reach out in the next 48 hours to set up a call to further discuss.”
  • Oriet Cohen-Supple (Wright & Supple): “Apologies . . . can have a call today at 5:00 or Monday after 2:30. Let me k is [sic] and I will send a calendar invite.”
  • John Alessio (Procopio): “Oriet – Nice speaking with you. Our clients agreed with your proposal to extend our response deadline to November 1, 2021 so that you have more time to get familiar with the merits of the case. On our call you said you would let me know by October 21st whether your client will dismiss or amend. Please confirm.”
  • Oriet Cohen-Supple (Wright & Supple): “Nice speaking with you as well. Confirmed.”
  • John Alessio (Procopio) “I am attaching recent letters received by our client from your client. You should be aware of them if you are not already.”
  • Kevin Heban (Heban, Murphree and Lewandowski): “Deepak, by this correspondence our office is declining any representation of you in the matters we previously discussed. Thank you.” (Author’s Note: Subsequent to the July 22, 2021 call with Kevin Heban, I have not contacted anyone at Heban, Murphree and Lewandowski. I have asked Kevin Heban to inform the Board of Commissioners on Grievances and Discipline whether his firm had any discussions with John Alessio et al. (Procopio) without my knowledge and without my consent.)
  • Oriet Cohen-Supple (Wright & Supple): “Good morning. Can you please confirm whether the mother is now back in California and living with Deepak’s brother and his wife? Or if not, where is she living?”
  • John Alessio (Procopio): “Oriet – Should we schedule a call for tomorrow to go over what your client intends to do with his complaint or do you intend to put that in an e-mail?”
  • Author’s Note: The First Amended Complaint is an Elder Abuse Petition. Despite the conflict of interest, John Alessio (Bar No. 174900) solicited a settlement proposal. As our mom’s attorney, John Alessio (Procopio) should have filed the Elder Abuse Petition on her behalf.
  • John Alessio (Procopio): “Good Morning, Oriet – Understood. Please confirm our clients need not respond to the complaint and your client will not seek a default in the interim. On resolution, I believe you were going to make a proposal. Please do that under separate cover.”
  • Oriet Cohen-Supple (Wright & Supple): “As to a proposal, I will reach our next week via email. Stay tuned.”
  • John Alessio (Procopio): “Understood. Please confirm our clients need not respond to the complaint and your client will not seek a default in the interim. On resolution, I believe you were going to make a proposal. Please do that under separate cover.”
  • Author’s Note: The First Amended Complaint is an Elder Abuse Petition. Despite the conflict of interest, John Alessio (Bar No. 174900) solicited another settlement proposal. As our mom’s attorney, John Alessio (Procopio) should have filed the Elder Abuse Petition on our mom’s behalf.
  • John Alessio (Procopio): “Oriet – I received a copy of the amended complaint in the mail and it was filed in pro per. Are you no longer representing Deepak?”
  • Oriet Cohen-Supple (Wright & Supple): “The client is in the process of transitioning to a new counsel. Either the client or the new counsel will contact you soon.”
  • Deepak Moorjani: “On May 25, 2021, I filed a report with Colleen of Adult Protective Services in Lucas County, Ohio for (i) neglect and abandonment and (ii) financial abuse. These issues are described in the First Amended Complaint filed in San Diego Superior Court Case No. 37-2021-00033119-CU-OR-CTL. The First Amended Complaint is item #14 in the Register of Actions, and the First Amended Complaint contains information and exhibits which may assist Adult Protective Services of San Diego’s investigation . . . Additionally, I would like Adult Protective Services of San Diego to investigate John Alessio (Bar No. 174900) for elder abuse. As a member of the California bar, John Alessio is currently the managing partner of Procopio, Cory, Hargreaves & Savitch, LLP (“Procopio”). Additionally, I would like APS of San Diego to investigate John Alessio (Bar No. 174900) for elder abuse. As a member of the California bar, John Alessio is currently the managing partner of Procopio, Cory, Hargreaves & Savitch, LLP (“Procopio”). John Alessio and Sunil Moorjani are former classmates at the University of San Diego Law School (’94), and John Alessio may have allowed a personal relationship to compromise his legal judgment. As a member of the California bar, John Alessio should have recognized the conflict of interest, and he should have declined to represent the defendants. The attached Notification: Suicide Risk is dated January 10, 2019, and this letter was sent via certified mail to Rosemarie Osowik, MD with a cc: to Jennifer Compton of Sun Federal, Louise Jackson of Eastman & Smith, and Sunil Moorjani. Additional, this letter was sent via certified mail to Thomas Osowik, a judge in the Ohio Sixth District Court of Appeals. Despite the filing of the First Amended Compliant, John Alessio and Procopio have still failed to recuse themselves; consequently, I filed a Notice of Motion and Motion to Disqualify, a Memorandum of Points and Authority, and a Declaration of Plaintiff. The San Diego Superior Court Case No. 37-2021-00033119-CU-OR- CTL is being heard in C-65 by Honorable Ronald F. Frazier. In the Motion to Disqualify, John Alessio and Procopio’s emails have been produced, and John Alessio and Procopio’s emails show that they have consistently sought to force a dismissal with prejudice. However, John Alessio has client relationships with Gulab Moorjani, Seema Moorjani, Sunil Moorjani and Zubeida Moorjani. In his November 30, 2021 email (attached), one of John Alessio’s junior associates admits that the First Amended Complaint has been filed; however, the junior associate (Zagros Bassirian, Bar No. 299581) is actively soliciting a settlement proposal.”
  • John Alessio (Procopio): “Oriet – We have not heard from new counsel or Mr. Moorjani, and you are still counsel of record. When do you expect a formal substitution to occur?”
  • Oriet Cohen-Supple (Wright & Supple): “Let me check with the client and get back to you when I hear from him.”
  • Deepak Moorjani: “Currently, John Alessio is serving his second three-year term as the managing partner of Procopio, an AmLaw 200 firm with 180+ lawyers in Del Mar Heights, Las Vegas, Orange County, Palo Alto, San Diego and Scottsdale. According to his public biography, John Alessio is a member of the California bar who “focuses on complex class action, business and employment litigation with particular experience in trade secret misappropriation, unfair competition, real estate, shareholder and contractual disputes to include cross-border issues.” John Alessio and Sunil Moorjani are former classmates at the University of San Diego Law School (’94), and John Alessio may have allowed a personal relationship to compromise his legal judgment. As a member of the California bar, John Alessio should have recognized the conflict of interest, and he should have declined to represent the Defendants. Given his public claims of competence and sophistication, it is implausible to assume that John Alessio did not recognize the conflict of interest, and it is plausible to assume that John Alessio has acted intentionally. In the Motion to Disqualify John Alessio et al., John Alessio’s emails have been produced, and John Alessio’s emails show that Procopio have consistently sought to suppress the Elder Abuse litigation in order to obtain a dismissal with prejudice. However, John Alessio et al. have repeatedly affirmed that they have client relationships with Gulab Moorjani, Seema Moorjani, Sunil Moorjani and Zubeida Moorjani. Despite the filing of the First Amended Compliant for Elder Abuse, John Alessio et al. failed to recuse themselves. In his November 30, 2021 email (attached), one of John Alessio’s junior associates acknowledged that the First Amended Complaint for Elder Abuse was filed; however, the junior associate (Zagros Bassirian, Bar No. 299581) actively solicited a settlement proposal. In my recent APS notification, I delivered a copy of John Alessio’s November 30, 2021 email . . . In his conversations with APS in San Diego and Lucas County, John Alessio should disclose this December 07, 2021 email. Also, John Alessio should disclose whether his attempts to suppress the Elder Abuse litigation has included contacting attorneys in other jurisdictions (e.g. Eastman & Smith; Heban, Murphree & Lewandowski) in order to obtain confidential information about Ms. Zubeida Moorjani. (Note: Breda Osburn may be reached at 419.213.8814 and breda.osburn@jfs.ohio.gov).
  • John Alessio (Procopio): “Oriet – We have yet to hear from Deepak Moorjani or new counsel. Do we have your authorization to speak to Mr. Moorjani directly?”