Feds May Move-In on Pacifica Foundation

Pacifica Whistleblower Charges Ruling Board Withheld Gary Null’s Offer of Settlement Terms

Lawsuit To Be Turned Over To Feds

by Ed Murray

The clock has been ticking on the Pacifica Foundation legal front, but for them there are clocks ticking in every room of the building. First, there are matters under investigation by the State of California, Attorney General, including the fraud charges filed by Pacifica Board member and whistleblower Steve Brown. Then there is allegedly an investigation of Pacifica’s long-time attorney Dan Siegel that is at the California Bar Association, although a quick check on their website does not reveal any pending case. Thirdly is a lawsuit filed by Gary Null, charging fraud, and violations of the F.T.C. Mail Order Rule, Intellectual Property Theft, Trademark Infringement, Trademark Counterfeiting, Copyright Infringement, and False Advertising.

The serious charges do not end there. Pacifica in Exile reported recently that the new Chief Financial Officer had discovered the possibility of internal fraud. Here’s the text: Berkeley-While Pacifica waits and waits and waits for an audit of the 2014 fiscal year, which ended 17 months ago, new CFO Sam Agarwal informed the national finance committee that “fraud was a major concern of the auditor”, which is currently Armanino LLP. In fact, he said it twice in a minute and a half. Agarwal added that “we don’t know if all the donations have been accounted for” and that “it would be very easy for anyone to open up a bank account and deposit the donations and that would not be recorded in the Pacifica books”.

As whistleblower Steve Brown points out in his recent document sent to Pacifica Board members and the entire Pacifica community, Gary Null’s offer has been withheld from the greater board by the ruling clique, so it will be turned over to the FTC and possibly the FBI. The Pacifica Board has not even bothered to launch an internal investigation, or offer an apology to Null, or even to acknowledge the lawsuit. This could mean serious consequences for members of the Board.

Here’s the document sent by whistleblower Steve Brown:

Attached is a letter that was sent by Gary Null’s attorney to Dan Siegel (Pacifica’s attorney) on March 2. It concerns Gary Null’s lawsuit against Pacifica management (civil action no: 1:16-cv-241, united states district court, eastern district of new york).

The letter offered a settlement that might help Pacifica’s officers, station management, and national board members avoid facing federal prosecution, paying thousands of dollars in fines, and serving prison sentences of up to 5 years.

Because the letter affects not only the welfare of Pacifica (which could face multi-million-dollar fines), but also the welfare of at least 12 members of the Pacifica National Board (who could be fined personally for refusing to stop criminal activities of which it had been made aware), every board member has a legal right to read this letter – and, as Pacifica’s ultimate governing body, a legal duty to decide how to respond to it.

But you were not allowed to exercise that right. That is because Gary Null’s letter (along with other important information about the risk to Pacifica and its board members) was not shared with you as board members. Ooops, sorry. That is too mild a description. What I meant to say is that this information was deliberatelywithheld from you as board members. This means that decisions that only the board is legally empowered to make, in the open, are being made, in secret, by Dan Siegel, Lydia Brazon, and their tiny “inner circle,” who have been making fools out of you for the past three years. And may soon make you defendants in a federal prosecution as well.

Dan Siegel, Pacifica's Attorney — Dan Siegel, Pacifica’s Attorney

In addition, Dan Siegel, the foundation’s attorney, has issued (either knowingly or stupidly) dangerously incorrect and misleading information about the federal statutes that Pacifica has violated. He says that those statutes do not apply to Pacifica. As an attorney, he ought to know better, and I suspect that he does. Nevertheless, he is telling Pacifica staff members to go right on committing more of the same illegal actions.

Because Gary Null has received no response to this or prior letters, let alone assurances that Pacifica management will agree to stop the commission of criminal acts and fire those responsible (regardless of whose friends they are or whose factions they belong to), this matter will be turned over to the federal government for prosecution.

When that happens, none of the members of this board will be shielded from personal liability, since you were all put on notice, multiple times, about the nature and scope of the criminal activities at Pacifica, and urged to stop them – which you would not do. Moreover, a majority of this board, whose names are on record, also deliberately voted to defeat a board motion that would have compelled an investigation into these criminal activities.

Why is Gary Null suing Pacifica and its management?

Although Gary Null has suffered financial and related damages as a result of the illegal activities that were condoned and apparently deliberately committed by members of management, he is not seeking monetary gain from this lawsuit (even though his statutory reimbursement for compensatory and punitive damages could be at least $600,000 and possibly as much as $3 million). Instead, as he has told me (and as his letter clearly states in Item 9), his only purpose is to bring about a cessation of illegal activities at Pacifica and the dismissal of those responsible — who have by their actions shamed and dishonored the foundation to which he has devoted more than 40 years of his life.

However, because the settlement offer in his letter has not been accepted (that is, because Pacifica management refused to stop the illegal activities or dismiss those responsible), this matter will be turned over to the federal authorities. At that point, Gary Null will no longer have control over the prosecution or the penalties, which will be in government hands. Federal statutes dictate fines of up to $16,000 per violation by the FTC, and since there are at least 5,000 violations already in evidence — and perhaps 25,000 more that could be added in discovery – well, do the math; your calculator probably can’t even count that high. There are also fines of up to $250,000 per violation for the criminal intellectual property thefts committed by management, which carry prison terms of 5 years (even for first offenders).

But I guess none of you board members give a damn. Or maybe you feel bullet proof. In any case, it looks like you will continue to twiddle your thumbs, evade your responsibility to guide the foundation, and let Siegel, Brazon, Wilkinson & Co. drag you and the Pacifica down with them.

That is why I am distributing this message along with Gary Null’s letter to the entire Pacifica community, so that they will know whom to blame for whatever fines are levied on Pacifica – and whom to sue, in a shareholder’s derivative suit, in order to recover those fines for Pacifica, out of your pockets and those of management. Which is likely, because a quick search on Google reveals that, in such lawsuits, the courts are being increasingly attentive to the claims of shareholders seeking reimbursement from negligent and/or lawbreaking management and boards of directors. Especially in non-profit corporations.

In fact, the wheels are already turning. For the past 11 months or more, Dan Siegel has been under investigation by the California Bar Association for professional misconduct in this and other matters (Case No. 15-0-15488); and Pacifica management is also under investigation, for this and other matters, by the Office of the Attorney General of California (Case Filename: Pacifica Foundation Radio CT011303). Soon, it appears, the federal government may join them.

So sleep soundly, Dan Siegel, Lydia Brazon, Margy Wilkinson, and the majority board members who voted down the motion to investigate the criminal behavior in Pacifica. You may soon be trying to cover your faces with a hat as you are “perp-walked” out of Pacifica headquarters in handcuffs by an FBI SWAT team.

Stephen M Brown

sbrown13@nyc.rr.com

Director, Pacifica National Board

Controversy Swirls Over Red Eden Graphic Novel

Publisher Denies Sen. McCain Used as Model for Earth Thug in Novel

Greg Simay, Author and Publisher of Red Eden – A Vision of Mars, the graphic novel of Native Americans going to Mars to set up a new civilization and leaving behind the years of broken treaties, genocide, and reservation living, has denied that Sen. McCain was used as a model for the evil character Drex, who was the head henchman for Earth’s crime syndicate that invaded Mars to take over the new Native paradise. “There is a resemblance,” said Simay, on a vacation swing through Southern California, “but it’s only a coincidence”.

The charges came out because of Simay’s support of the Apache Stronghold in Arizona, where Sen. McCain secretly gave away National Park land to foreign mining corporations. The area, known as Oak Flat, was protected land, but is sitting on a mountain of copper that has been a decades-long target of Rio Tinto an international mining corporation. Simay has been on the radio with Wendsler Nosie, an Apache leader who is fighting the Oak Flat give-away.
Sen. McCain secretly attached a “rider” on to last year’s National Defense Authorization Act that totally went against Congress and did a “land swap” that traded 160 billion dollars worth of copper under Oak Flat for some desert land owned by the massive foreign mining company Rio Tinto. The sad record of Rio Tinto includes being charged in lawsuits with genocide and crimes against humanity, bodes ill for the land swap deal, pushed into law by McCain.
Ron Johns, an editor on the Red Eden project, said that “six or seven years ago when we were writing and working on the project we didn’t know anything about Sen. McCain’s involvement in the Oak Flat deal. But I really wish we had, because what he did was so evil, so despicable, that we could have used that as back story for Red Eden. I can’t think of anything that would have been as much of a catalyst for the Native Americans to leave Earth and head to Mars to start over. Really, it’s like the last straw in a 200 year rampage against them, broken treaties, banishment to desert so-called reservations, starvation, slaughter. And now this Oak Flat thing, where McCain gives away something that even President Eisenhower said should be left to the Apaches and the public forever, untouched. You can’t even make up this kind of stuff in fiction, nobody would believe it,” Johns said.

As far as Red Eden goes, Johns said “In my opinion, McCain is a worse person than our character thug Drex in our story. Can you imagine what would have happened if he had been elected President? I’m now thanking God every day that didn’t happen!”

Mars Red Eden website, Click here.

Apache Stronghold, Click here.

Documentary on Rio Tinto Mining Co., “Coconut Revolution”, Click here.

posted by unclepaulie

New Charges Filed Against Pacifica with California Attorney General

Whistleblower on Pacifica National Board Exposes Years of Fraud and Violations of FTC Rules at Pacifica Stations Across the Country.

by Ed Murray

Dateline: Sacramento, California

On February 20, 2016, Steve Brown, a member of the Pacifica National Board, filed a very serious complaint with the State of California Registry of Charitable Trusts. In his complaint, Mr. Brown asserts that there has been ” a continuing pattern of serious criminal activities at Pacifica (still going on) that has been condoned, abetted, and/or committed by members of Pacifica management and its board of directors during (at least) the past three years.”

Mr. Brown, after much agonizing, has decided to become a whistleblower, and expose the mail – order practices of several of the Pacifica radio stations and its management, who have chosen to look the other way and ignore Mr. Brown’s frequent demands that the practices stop. He outlines a consistant pattern of fraud at Los Angeles station KPFK, station WPFW in Washington D.C., and at WBAI in New York City.

The charges put forth by Mr. Brown relate to the millions of dollars these stations took in while promising the donors they would receive “premiums” in the mail, often they would be DVDs, or CDs. These charges have been ongoing in the internet media for some time. Other websites, such as www.PacificaInExile.com have also reported the anger of donors who did not receive product that they had ordered. These violations have amounted to thousands of dollars over the years, leaving angry donors.

Here is the complete text of the charges filed with the California Attorney General’s Office.

Julianne Mossler

Deputy Attorney General

State of California

Department of Justice

Registry of Charitable Trusts

P.O. Box 903447

Sacramento CA 94203-4470

February 20, 2016

Re: Pacifica Foundation Radio Complaint # CT011303

Dear Ms. Mossler:

I write to inform you of new and even more serious violations of civil and criminal statutes by the persons originally named in Complaint # CT011303. They make intervention by your office more critical than ever. It may be the last chance to save the Pacifica Foundation.

Complaint # CT011303 was filed by 8 former Pacifica board directors (with my approval and support as a current director) because the foundation’s executive director, Margy Wilkinson (and her successors) – together with the foundation’s corporate counsel, Dan Siegel, and the board majority faction they control – had been colluding in a pattern of illegal activities that could not be blocked by normal internal controls.

However, now the situation has worsened. Because your office has not yet taken action (perhaps because our foundation is too small?), those persons have been emboldened to behave even more recklessly – and illegally – thereby placing the assets and safety of the Pacifica Foundation at even greater risk.

For example, a lawsuit (civil action no: 1:16-cv-241, united states district court, eastern district of new york) has just been filed by Gary Null against the foundation and three of its executive directors for violations of the FTC Mail Order Rule (16 CFR Part 435) and violations of federal criminal statutes dealing with intellectual property theft.

Although the current and former executive director, and the majority board members of their faction, had been put on notice, numerous times, by myself and other minority directors, that illegal violations were occurring (and had been occurring for at least 2 years), they refused to stop these activities or fire those responsible, apparently because the violations increased foundation revenue. If the above-referenced lawsuit against the foundation and its officers and directors prevails (as I believe it will, because its causes of action are valid), the statutory fines and penalties that can be imposed on the foundation – especially by the FTC, Justice Department, and US Postal Service – could amount to tens of millions of dollars. This would absolutely destroy the foundation. That it is why it is so important that your office intervene.

Here are only a few recent violations of law that have been abetted and/or committed by Pacifica’s management and controlling board faction, which neither I nor the foundation’s minority directors have been able to block or roll back.

1. Violations of the FTC Mail Order Rule (16 CFR Part 435)

by Pacifica Radio Station KPFK

In a recent fund drive, Pacifica Radio Station KPFK solicited on-air donations of approximately $800,000 from about 7,500 California residents by promising to send them a variety of merchandise (value: $50 to $300) in return for their donations. The FTC Mail Order Rule https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/mail-internet-or-telephone-order requires that such merchandise be delivered within 30 days of receiving payment, unless otherwise stated in the solicitation; or, if it is known that delivery will take longer (but not more than 60 days), a specifically worded notice specifying when delivery will take place, or offering a refund, must be sent to each recipient.

However, the station did not deliver any of the merchandise within 30 or 60 days, nor did it send the required delay notices. Instead, the station manager privately informed her staff – and also let it be known to the foundation’s executive director and board – that she had already spent the money intended for acquisition of the promised (and paid-for) merchandise, and therefore would not deliver that merchandise until a year(!) past the order date (with a good chance that it would not be delivered at all). This violates 16 CFR Part 435 in numerous ways, for which the station can be fined as much as $16,000 per violation. These statutory fines apply even if the merchandise is eventually delivered. And each late and/or undelivered item of merchandise counts as a single violation, making Pacifica’s possible exposure $16,000 x 7,500 = $120,000,000.)

2. Violation of the FTC Mail Order Rule (16 CFR Part 435)

by Pacifica Radio Station WPFW

In a recent fund drive, Pacifica Radio Station WPFW solicited on-air donations of between $300-$400,000 from approximately 4,000 Washington, DC, resident by promising to deliver a variety of merchandise (value $50-$300) in return for their donations. In this case, it is my understanding that — not only was no merchandise delivered and no notices sent — but station management knew, in advance of solicitation, that it did not have the money to acquire that merchandise, and would probably never deliver it to any of those who had paid for it. Because this is a “knowing violation,” in addition to the statutory fines (of up to $64,000,000), the matter could be referred to the Justice Department for further prosecution and penalties.

3. Violation of the FTC Mail Order Rule (16 CFR Part 435)

by Pacifica Radio Station WBAI

In a recent fund drive, Pacifica Radio Station WBAI solicited approximately $500,000 in donations by promising to deliver a variety of merchandise (value $50-$300) to approximately 5,000 New York City Metro Area residents in return for their donations. However, only a fraction this merchandise was delivered, and that was long after the 30- or 60-day limit allowed by the FTC. Moreover, no FTC-mandated delay notices were sent, and the balance of the merchandise has not, to my knowledge, been delivered, and may not ever be.

Hundreds of complaints about non-delivery of merchandise by this station have been received personally by me and others, after the donors were unable to elicit a response from the station. To verify for myself the station’s illegal delivery practices, I sent $200 to WBAI on February 2, 2015, in response to one of its numerous on-air fundraising solicitations; in return for my donation it was promised that I would receive a book and a DVD by Webster Tarpley (approximate value $50). It is now one year later, but I have not received this merchandise, nor do I expect that I ever will.

I estimate that, in the last 12 months, at least 5,000 orders have been unfulfilled by this station, and many more fulfilled late, in violation of FTC regulations. Those 5,000 orders alone risk statutory fines of up to $16,000 x 5,000 = $80,000,000. If solicitations from the past 36 months are included, the number of unfilled orders – merely at WBAI alone — could rise to 15,000 or more, risking statutory fines of up to $240,000,000.

The only way to determine the exact number of delinquent orders is to examine the records at all 5 Pacifica stations. However, when I requested these records at WBAI – and by law, as a director, I am entitled to examine all foundation records without exception – my requests were ignored and the records withheld. Absent action by your office, these records will remain hidden, and the defrauding of tens of thousands of residents in the foundation’s five broadcasting areas – Los Angeles, San Francisco, Houston, Washington DC, and New York – will continue.

4. Violation of federal criminal statutes against intellectual

property theft by Pacifica Radio Station WBAI

Much of the merchandise used by Pacifica radio stations to solicit donations consists of commercially produced CDs and DVDs, mostly feature-length films, documentaries, and self-help videos. Normally, the stations would purchase these items from reputable vendors at wholesale prices ranging from about $10-$20 each, and then deliver them to donors. But at Radio Station WBAI, in some cases (I do not know how many, because records have been withheld) the station manager would purchase only a few copies from vendors, then illegally duplicate tens or hundreds or thousands more to fulfill the balance of orders. This has been going on at WBAI and other Pacifica stations for many years. Because the practice can save the foundation up to $100,000 or more a year, it is not stopped by the foundation’s officers or the board faction in control, no matter how often the practice is brought to their notice and protested. Not only does this break the law; it also cheats the donors by sending them fraudulent substandard copies instead of the genuine merchandise they were promised in return for their money.

I and two other minority directors have first-hand personal knowledge of illegal CD and DVD duplication at WBAI. I collected some of these fraudulent copies myself, and know of two specific vendors whose copyrighted products have been illegally duplicated in this way. One of them, Gary Null (whose lawsuit I referenced at the beginning of this letter), has acquired some of these illegal copies on his own and identified them as fakes. Intellectual property theft is one of the causes of action in his lawsuit. I understand that statutory fines for theft of intellectual property are $250,000 per violation, and include prison terms of 5 years for first offenders.

I do not know how many vendors have been defrauded, or how many illegal copies have been made. The documents and records that would reveal these numbers have, as I noted, been withheld from me — either with the acquiescence of foundation officers and board members, or their active cooperation.

5. Pacifica’s attorney provides deceptive and destructive

advice to management and staff members

In response to one of my frequent protests against Pacifica’s ongoing FTC violations and illegal duplication of copyrighted material, a staff member at KPFK said she would cease to solicit donations for the station because of the risk of civil or criminal penalties against her and/or the foundation. In response, the foundation’s attorney, Dan Siegel, issued an email announcement saying that she should continue her solicitations, because Pacifica was exempt from punishment under the FTC Mail Order Rule. This was false and misleading advice, which Siegel had reason to know – as an attorney – since the statute explicitly states that non-profits and charities such as Pacifica are not exempt.

Siegel is not an FTC lawyer; he is an employment lawyer. Had he exercised reasonable fiduciary diligence and called the FTC for a Staff Opinion, he would have quickly been told that Pacifica is not exempt, and that its practices are indeed actionable violations of FTC law. Nor is there any exemption for Pacifica from federal criminal statutes that prohibit the theft of copyrighted material.

Sadly, Dan Siegel’s deceptive and (what I must regard as) self-serving advice to foundation staff members carried great weight, because Siegel, in addition to being the foundation’s attorney, has also served as its executive director. This willingness to wink at or deliberately violate state and federal law seems to be just one example of the recklessness with which Siegel and his faction have been running (and running down) the foundation.

In the earlier filing of this complaint, it was noted that the goal of Dan Siegel and his faction was apparently to bankrupt the foundation, so that its licenses and assets (estimated to be worth $100 million or more) could be acquired by a shadow corporation named “KPFA Foundation,” which Siegel and another board member had created for this purpose 27 months ago. This shadow corporation, I might add, was created in secret, its existence deliberately withheld from the foundation’s executive director and board of directors. However, as our corporate attorney, was not Siegel legally obligated to disclose to the board (1) the existence of that corporation, (2) its purpose, which was inherently antithetical to the welfare of Pacifica, and (3) his controlling interest in that corporation? But he never did so, until its existence was uncovered, accidentally, 4 months ago, by the secretary of the Pacifica board, to her great astonishment.

After its discovery, Siegel then admitted that the purpose of his shadow corporation, whose legal address is that of the law firm he owns, was indeed to acquire the licenses and assets of the Pacifica Foundation, in the event that it went bankrupt (an event that he and his faction were uniquely placed to engineer, and towards which they have apparently been working). Therefore, the only way Siegel’s secret corporation could succeed, is if Pacifica were to fail. Is this not an unacceptable conflict of interest for Pacifica’s attorney, and a reason for him to be severed from the foundation? Yet because his faction controls the board, he is impossible to remove, and therefore continues to exert what seems to be a deliberately destabilizing influence on the health of the foundation.

Summary

Although I am not an attorney, I would think that if a corporation’s officers and board of directors are made aware of illegal activities under their control, but refuse to use their authority to stop those activities, they are in effect abetting those activities – and are therefore accessories after the fact. As such, do you think they are appropriate custodians in whom to entrust the care of such a valued public asset as Pacifica?

The fines and penalties that Pacifica might suffer due to the reckless and illegal behavior of its management would be a number with so many zeroes that it could not fit on the output screen of my calculator. It would mean the death of Pacifica. I hope your office will not stand by and allow the current management faction to wreck our foundation. I hope, as well, that if you decide to act, it will not be too late.

Sincerely,

Stephen M Brown

sbrown13@nyc.rr.com

Director, Pacifica National Board

*************

When contacted about this story Rachele Huennekens, Press Secretary of the Office of Attorney General Kamala D. Harris stated “We don’t comment on any potential or ongoing investigation, as a matter of law and policy.”

edmurray1955@aol.com

Flint, Mi ex-Dictator Fails to Show at Congressional Hearing on Drinking Water Contamination

Congress to U.S. Marshals: “Hunt Him Down!”

Dateline: Washington, D.C.

Congress: When You Are Invited to Testify You ARE Going to Show Up!

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Democrats to Committee Chair Chaffetz: We want Gov. Rick Snyder Subpoened to Testify.

Gov. Snyder: “I’m very sorry that this happened”

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Rep. Daniel Kildee – 5th District including Flint: “Let’s be clear about one thing – Every decision that was made for the City of Flint was made by a State Appointed Emergency Administrator.”

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Congress to EPA: We want UNREDACTED documents. Subpeona issued for Susan Hedman, former Administrator for EPA Region 5.

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Stay tuned for more…..Watch the hearings on CSPAN3 – click here.

9000 Children Poisoned!

Senate Leaders Rush to Aid Flint, Michigan as Thousands of Children May Suffer Permanent Injury From Lead Poisoning.

It’s Even Dangerous to Shower! You Can’t Shower with Bottled Water.

by Uncle Paulie

Dateline: Washington, D.C.

Sen. Stabenow wants to aid Flint Michigan

U.S. Senate Leaders are rushing to aid Flint, Michigan by providing matching funds to the State of Michigan to replace contaminated lead pipes and repair the drinking water system. Sen. Debbie Stabenow called the area “beyond a Superfund Site”, referring to Environmental Clean-up sites that are considered the most dangerous. She further said that over 9,000 children under the age of 6 were exposed to lead poisoning. This is probably the worst case of mass poisoning of children in the history of America.

Watch the full announcement from the U.S. Senate here on C-Span2 video:

The problem arose after the Governor of Michigan, Rick Snyder, took over the City of Flint and appointed a “regulator”, an un-elected “dictator” to run the City, called an “emergency manager”. This man, Darnell Earley, switched the water supply from safe Detroit water to the polluted Flint River. This caused corrosion in the old pipes and lead then leached out into the water, causing mass poisoning. (Anyone around here old enough to remember what happened in Ancient Rome? We guess nobody in charge in Flint, MI remembers, or has ever read a book about it. History repeats when education fails.)

Calls for the F.B.I. to Arrest Governor Snyder

Political activist and filmmaker Michael Moore has called for the immediate arrest of Governor Rick Snyder for this crime. You can read his paper on his web site, Click Here.

This is one of the greatest tragedies of the decade, and it will have on-going effects for years to come.

Gary Null Slams Pacifica With Massive Lawsuit

Charges Include: Trademark Counterfeiting, Trademark Infringement, Copyright Infringement, False Advertising and Fraud.

by Ed Murray

Dateline: New York

Making good on his previous warnings, on January 15, 2016 Gary Null & Associates started off the New Year by filing a massive lawsuit against the Pacifica Foundation, Bertold Reimers, Lydia Brazon, Margy Wilkinson and two other individuals. The civil suit was filed in the United States District Court Eastern District of New York. The Lawsuit charges the defendants with 13 separate causes of action, the copyright and trademark infringements being very serious. Click Here to read the lawsuit, which was posted on the blog WBAI NowThen.

Ian Masters, KFPK programmer who was warned he would be fired for mentioning the name of the acting director of Pacifica, Lydia Brazon, can rest assured that her name has now been mentioned, as a defendant in a federal lawsuit.

Null said he had provided somewhere around 20,000 premiums to Pacifica over the years, but his reputation was damaged because the defendants not only failed to send out many premiums to subscribers, but actually made spurious copies of his copyrighted and trademarked material, including multimedia on which the defendants pasted on false labels, making it seem the product was original from Gary Null.

Null, not only seeks to stop the defendants from any future fraud of counterfeiting his products, but asked the court to force Pacifica to keep any fund drive funds in a separate trust fund until such time as the premium is mailed to the donor or subscriber. This would be music to the ears of the many folks who have complained about donating to various Pacifica radio stations and not receiving their premium as promised. After supplying Pacifica stations with the hottest premiums for 39 years, Null has had enough of this behavior, and has discussed many of these issues on his Progressive Radio Show.

It remains to be seen what action Pacifica will take on this matter. Defending against these charges will cost many thousands of dollars, money that needs to go to pay other bills. Huge deficits are looming over some of the stations, including WBAI in New York, where a lot of the alleged illegal activity took place. WBAI also allegedly owes around $700,000 to the Empire State building for transmitter rental. Pacifica is in a state of turmoil, with contending factions in open warfare. Many fear that the entire network is doomed because of bad management, which has led to the loss of thousands of supporters and listeners. A lawsuit like this could be the beginning of the end to the once grand and admired anti-War network.

2015 Scoundrel Of The Year

Sen. John McCain Wins Hands Down For One of the Snarkiest Secret Deals Ever Done – A Land Swap Giving Away 160 Billion Dollars Worth of Copper to Foreign Corporations

Sneaking the Land-Swap Deal With Resolution Copper (Owned by Rio Tinto and BHP Billiton Both Foreign Corporations) Into the National Defense Authorization Act of 2015 Because the Swap Bill Could Not Pass Through Congress On It’s Own. The Land Swap Gives Away One of the World’s Largest Copper and Gold Deposits That Has Been Protected Since 1955 When President Eisenhower Removed the 3,025 Acres on Oak Flat From Mining Forever. The Land Has Special Meaning to the Arizona Native Americans, and Pulling This Dirty Deal is a Stain on America. Shame on You John McCain.

Statement Issued by Southern California Gas Company

From Dennis Arriola – CEO of Gas Company – Regarding Emergency

Dateline: Porter Ranch

“SoCalGas has been communicating with the Governor’s Office and other state agencies from the outset and appreciate their continued support as we work as quickly and safely as possible to stop the leak.

“Our focus remains on quickly and safely stopping the leak and minimizing the impact to our neighbors in Porter Ranch. SoCalGas reaffirms our prior commitment to mitigate the environmental impact of the actual amount of natural gas released from the leak. We look forward to working with state officials to develop a framework that will achieve this goal.”

Gas Company Offering Free Air Filters

Air Filtration & Air Purification: To help with the odor problem, SoCalGas is offering air purification and weatherization services at no cost to residents in the Porter Ranch Community. The air purification units provided by SoCalGas incorporate activated carbon/charcoal filters to remove the natural gas odorant from your home and are certified by the California Air Resources Board (ARB). ARB has provided a website specifically for the Aliso Canyon event where residents can review the technologies and models available for air purification. Residents may choose either of the following:

Plug-In Portable Air Purifiers. SoCalGas will provide ARB-Certified plug-in portable air cleaners that incorporate activated carbon/charcoal filters to remove the natural gas odorant from your home. If you wish to purchase a certified California Air Resources Board (ARB) certified system separately, SoCalGas will fully reimburse you, but we ask that you please email SoCalGas at AlisoCanyon@SoCalGas.com for preapproval.
In-Duct Air Purification. SoCalGas’ licensed Heating Ventilation and Air Conditioning (HVAC) contractor will provide whole-house air purification by replacing the standard air filter(s) in your HVAC system with a specially designed activated carbon filter that can remove the compounds found in natural gas and its odorant from the air in your home. In addition, the HVAC contractor will install a non-ozone generating air scrubber(s) in the HVAC plenum.

For more information, to schedule installation or delivery of Air Filtration and Air Purification, or to schedule weatherization services, please call the SoCalGas Aliso Canyon hotline at 818-435-7707 or email us at AlisoCanyon@SoCalGas.com.

For further information regarding technical specifications of air purifiers, you can email ARB ataircleaners@arb.ca.gov or call ARB at 916-445-0753.

Free Relocation Service

Temporary Relocation: For residents in the Porter Ranch community who wish to relocate, we are providing free, temporary housing accommodations, including locations that can accommodate residents with disabilities and people with access and functional needs. And for residents with pets, we have arranged pet-friendly locations. For more information, please call us at 877-238-9555 and indicate that you are a SoCalGas customer calling about an Aliso Canyon claim.

For those residents who have been temporarily relocated, you can download a reimbursement package.

For residents temporarily located, and staying with friends or family, please download the following information package.

General Claims: If you feel you have suffered harm or injury as a result of this incident, please complete thisonline form or call us at 213-244-5151 and one of our claims processors will help you.

As we have since this incident began, SoCalGas stands willing and ready to cooperate with the Governor’s office, all state and local officials, and regulatory agencies.

Posted from the Gas Company website as a public service by Uncle Paulie. See our in-depth Documentary Series Poisoned Paradise (at the top menu bar) which documents previous gas blow outs in the Los Angeles area. Also click on “Oil & Gas” in Categories to view other relevant stories including the big gas blow out in Playa del Rey.

unclepaulie@rocketmail.com

Emergency Proclamation Explained By Governor’s Office

The Nuts and Bolts of the State of Emergency

Dateline: Sacramento

SACRAMENTO – Given the prolonged and continuing duration of the Aliso Canyon gas leak and at the request of residents and local officials, Governor Edmund G. Brown Jr. today issued a proclamation that declares the situation an emergency and details the administration’s ongoing efforts to help stop the leak. The order also directs further action to protect public health and safety, ensure accountability and strengthen oversight of gas storage facilities.

Earlier this week, Governor Brown met with Porter Ranch residents and toured the Aliso Canyon Natural Gas Storage Facility, including the site of the leak and one of the relief wells.

Today’s proclamation builds on months of regulatory and oversight actions from seven state agencies mobilized to protect public health, oversee Southern California Gas Company’s actions to stop the leak, track methane emissions, ensure worker safety, safeguard energy reliability and address any other problems stemming from the leak. Actions include:

– The Governor’s Office of Emergency Services established an incident command structure, including a physical post on-site at Aliso Canyon to better coordinate the local, state and federal response and information sharing and is maintaining a public webpage to provide real-time information regarding the state’s multi-agency response and air quality monitoring.

– The Division of Oil, Gas and Geothermal Resources is investigating the leak and overseeing Southern California Gas Company’s efforts to stop it, including issuing emergency orders in November and December directing Southern California Gas Company to halt gas injections into the storage facility, immediately work on alternatives to stop the leak and provide testing results, data, daily briefings and a written plan and schedule for sealing the well. The Division also established a panel of experts from the Lawrence Berkeley National Laboratory, Lawrence Livermore National Laboratory and the Sandia National Laboratory to provide independent monitoring and technical expertise and review Southern California Gas Company data and information reported to the Division.

– The Office of Environmental Health Hazard Assessment is reviewing air quality measurements, evaluating public health concerns from the gas leak and assisting other state agencies in determining whether additional actions are needed beyond those already required by local public health agencies.

– The California Public Utilities Commission is investigating the gas leak to determine its cause and any possible violations and is collecting information about the costs of responding to and fixing the leak. The Commission and Division of Oil, Gas and Geothermal Resources also directed Southern California Gas Company to retain and pay for an independent, third party to perform a technical analysis of the well failure and its cause and share the results with regulators and the public.

– The California Air Resources Board is measuring the leak rate and estimating total methane emissions over the duration of the leak and is using ground-level monitoring, specially-equipped airplanes, and satellite information to provide updates of emissions.

– The Division of Occupational Safety and Health is ensuring on-site worker safety at Aliso Canyon.

– The California Energy Commission is coordinating with California Public Utilities Commission to maintain energy reliability during this incident.

Last month, the Governor sent a letter to the CEO of Southern California Gas stating that the company’s response has been “insufficient” and must be sped up, while noting that state agencies’ multiple ongoing investigations will be coordinated with the California Attorney General’s Office.

Today’s proclamation implements the following key orders:

– Stopping the Leak: All necessary and viable actions will be taken to ensure Southern California Gas Company: maximizes daily withdrawals of natural gas from the Aliso Canyon Storage Facility for use or storage elsewhere; captures leaking gas and odorants while relief wells are being completed; and identifies how it will stop the gas leak if relief wells fail to seal the leaking well, or if the existing leak worsens.

– Protecting Public Health and Safety: The state will: continue its prohibition against Southern California Gas Company injecting any gas into the Aliso Canyon Storage Facility until a comprehensive review of the safety of the storage wells and the air quality of the surrounding community utilizing independent experts is completed; expand its real-time monitoring of emissions in the community; convene an independent panel of scientific and medical experts to review public health concerns; and take all actions necessary to ensure the continued reliability of natural gas and electricity supplies in the coming months.

– Ensuring Accountability: The California Public Utilities Commission will ensure that Southern California Gas Company covers costs related to the natural gas leak and its response, while protecting ratepayers; and the state will develop a program to fully mitigate the leak’s emissions of methane funded by the Southern California Gas Company.

– Strengthening Oversight: The state will promulgate emergency regulations for gas storage facility operators throughout the state, requiring: at least daily inspection of gas storage well heads using gas leak detection technology such as infrared imaging; ongoing verification of the mechanical integrity of all gas storage wells; ongoing measurement of annular gas pressure or annular gas flow within wells; regular testing of all safety valves used in wells; minimum and maximum pressure limits for each gas storage facility in the state; a comprehensive risk management plan for each facility that evaluates and prepares for risks, including corrosion potential of pipes and equipment. Additionally, the Division of Oil, Gas and Geothermal Resources, the California Public Utilities Commission, the California Air Resources Board and the California Energy Commission will submit to the Governor’s Office a report that assesses the long-term viability of natural gas storage facilities in California.

Under today’s declaration, and at the direction of the Governor’s Office of Emergency Services, all state agencies will utilize state personnel, equipment, and facilities to ensure a continuous and thorough state response to this incident. The Governor’s Office of Emergency Services will also provide frequent and timely updates to residents affected by the natural gas leak and the appropriate local officials, including convening community meetings in the coming weeks.

posted by Uncle Paulie

unclepaulie@rocketmail.com

State of Emergency Declared in Los Angeles County

Governor Brown Finally Acts But Over 2 Months Have Passed

Here is the Complete Text of the Declaration

PROCLAMATION OF A STATE OF EMERGENCY

WHEREAS on October 23, 2015, a natural gas leak was discovered at a well within the Aliso Canyon Natural Gas Storage Facility in Los Angeles County, and Southern California Gas Company’s attempts to stop the leak have not yet been successful; and

WHEREAS many residents in the nearby community have reported adverse physical symptoms as a result of the natural gas leak, and the continuing emissions from this leak have resulted in the relocation of thousands of people, including many schoolchildren; and

WHEREAS major amounts of methane, a powerful greenhouse gas, have been emitted into the atmosphere; and

WHEREAS the Department of Conservation, Division of Oil, Gas and Geothermal Resources issued an emergency order on December 10, 2015 prohibiting injection of natural gas into the Aliso Canyon Storage Facility until further authorized; and

WHEREAS seven state agencies are mobilized to protect public health, oversee Southern California Gas Company’s actions to stop the leak, track methane emissions, ensure worker safety, safeguard energy reliability, and address any other problems stemming from the leak; and

WHEREAS the California Public Utilities Commission and the Division of Oil, Gas and Geothermal Resources–working closely with federal, state and local authorities including the California Attorney General and the Los Angeles City Attorney–have instituted investigations of this natural gas leak and have ordered an independent, third-party analysis of the cause of the leak; and

NOW, THEREFORE, given the prolonged and continuing duration of this natural gas leak and the request by residents and local officials for a declaration of emergency, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Los Angeles County due to this natural gas leak.

IT IS HEREBY ORDERED THAT:

1. All agencies of state government shall utilize all necessary state personnel, equipment, and facilities to ensure a continuous and thorough response to this incident, as directed by the Governor’s Office of Emergency Services and the State Emergency Plan.

2. The Governor’s Office of Emergency Services, in exercising its responsibility to coordinate relevant state agencies, shall provide frequent and timely updates to residents affected by the natural gas leak and the appropriate local officials, including convening community meetings.

STOPPING THE LEAK

3. The California Public Utilities Commission and the California Energy Commission shall take all actions necessary to ensure that Southern California Gas Company maximizes daily withdrawals of natural gas from the Aliso Canyon Storage Facility for use or storage elsewhere.

4. The Division of Oil, Gas and Geothermal Resources shall direct Southern California Gas Company to take any and all viable and safe actions to capture leaking gas and odorants while relief wells are being completed.

5. The Division of Oil, Gas and Geothermal Resources shall require Southern California Gas Company to identify how it will stop the gas leak if pumping materials through relief wells fails to close the leaking well, or if the existing leak worsens.

6. The Division shall take necessary steps to ensure that the proposals identified by Southern California Gas Company pursuant to Directives 4 and 5 are evaluated by the panel of subject matter experts the Division has convened from the Lawrence Berkeley, Lawrence Livermore, and Sandia National Laboratories to evaluate Southern California Gas Company’s actions.

PROTECTING PUBLIC SAFETY

7. The Division of Oil, Gas, and Geothermal Resources shall continue its prohibition against Southern California Gas Company injecting any gas into the Aliso Canyon Storage Facility until a comprehensive review, utilizing independent experts, of the safety of the storage wells and the air quality of the surrounding community is completed.

8. The California Air Resources Board, in coordination with other agencies, shall expand its real-time monitoring of emissions in the community and continue providing frequent, publicly accessible updates on local air quality.

9. The Office of Environmental Health Hazard Assessment shall convene an independent panel of scientific and medical experts to review public health concerns stemming from the gas leak and evaluate whether additional measures are needed to protect public health beyond those already put in place.

10. The California Public Utilities Commission and the California Energy Commission, in coordination with the California Independent System Operator, shall take all actions necessary to ensure the continued reliability of natural gas and electricity supplies in the coming months during the moratorium on gas injections into the Aliso Canyon Storage Facility.

ENSURING ACCOUNTABILITY

11. The California Public Utilities Commission shall ensure that Southern California Gas Company cover costs related to the natural gas leak and its response, while protecting ratepayers.

12. The California Air Resources Board, in consultation with appropriate state agencies, shall develop a program to fully mitigate the leak’s emissions of methane by March 31, 2016. This mitigation program shall be funded by the Southern California Gas Company, be limited to projects in California, and prioritize projects that reduce short-lived climate pollutants.

STRENGTHENING OVERSIGHT OF GAS STORAGE FACILITIES

13. The Division of Oil, Gas and Geothermal Resources shall promulgate emergency regulations requiring gas storage facility operators throughout the state to comply with the following new safety and reliability measures:

a. Require at least a daily inspection of gas storage well heads, using gas leak detection technology such as infrared imaging.
b. Require ongoing verification of the mechanical integrity of all gas storage wells.
c. Require ongoing measurement of annular gas pressure or annular gas flow within wells.
d. Require regular testing of all safety valves used in wells.
e. Establish minimum and maximum pressure limits for each gas storage facility in the state.
f. Require each storage facility to establish a comprehensive risk management plan that evaluates and prepares for risks at each facility, including corrosion potential of pipes and equipment.

14. The Division of Oil, Gas and Geothermal Resources, the California Public Utilities Commission, the California Air Resources Board and the California Energy Commission shall submit to the Governor’s Office a report that assesses the long-term viability of natural gas storage facilities in California. The report should address operational safety and potential health risks, methane emissions, supply reliability for gas and electricity demand in California, and the role of storage facilities and natural gas infrastructure in the State’s long-term greenhouse gas reduction strategies. This report shall be submitted within six months after the completion of the investigation of the cause of the natural gas well leak in the Aliso Canyon Storage Facility.

I FURTHER DIRECT that as soon as hereafter possible, this proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 6th day of January 2016.

__________________________
EDMUND G. BROWN JR.
Governor of California

ATTEST:

__________________________
ALEX PADILLA
Secretary of State

posted by Uncle Paulie

unclepaulie@rocketmail.com