top of page

-- Aaron Sorkin West Wing Scam --

 

--"This is the story of how Aaron Sorkin stole credit on both American President and the derivative West Wing, and how the two original creators/screenwriters are fighting to claw-back their rightful credits with a damning cascade of facts and documentation, etc.-- Kyle

 Sorkin Drowning in the TRUTH

 

 

Writer Kyle Morris continues dialogue about Aaron Sorkin's theft and plagiarism with LA WGAw member Stephen Schiff who is co-chair of the Credits Committee at the Writers Guild of America West. The demand is credit for Kyle and William Richert on the screenplay for THE AMERICAN PRESIDENT and THE WEST WING, both based on an original screenplay by William Richert and Kyle Morris. Aaron Sorkin, John Wells, Alan Horn, Rob Reiner and Carl Gottlieb were part of the collusion, according to witnesses and documents.

Stephen Schiff

Rob Reiner

John Wells

Alan Horn

Rob hugging Alan

Carl Gottlieb

"LEGALLY LIABLE"

that prick Dan Pietrie Jr. should be legally liable for the letter he wrote blacklisting you and me and JF, who is wanting to whitewash himself tough luck for him -- and David Young is "legally liable" for writing that I was a non member when filing the lawsuit, yet using that non-member bullshit to get the entire union roped into a bogus deal, etc.  And the board of directors is legally liable too for endorsing and maintaining all this....

 

John Henry Faulk finally won his lawsuit in 1962. With this court decision, the private blacklisters and those who used them were put on notice that they were legally liable for the professional and financial damage they caused. This helped to bring an end to publications such as Counterattack.[58] Like Adrian Scott and Lillian Hellman, however, a number of those on the blacklist remained there for an extended period—Lionel Stander, for instance, could not find work in Hollywood until 1965.[59] Some of those who named names, like Kazan and Schulberg, argued for years after that they had made an ethically proper decision. Others, like actor Lee J. Cobb and director Michael Gordon, who gave friendly testimony to HUAC after suffering on the blacklist for a time, "concede[d] with remorse that their plan was to name their way back to work."[60] And there were those more gravely haunted by the choice they had made. In 1963, actor Sterling Hayden declared,

I was a rat, a stoolie, and the names I named of those close friends were blacklisted and deprived of their livelihood.[61

 Dan Pietrie Jr.

William Richert Interviews Tricia Nixon in the White House

 Documentary The Presidents

Daughters. Which gave William the Idea for President Elopes.

Dimitra was Aaron Sorkin's hooker and screenplay protege for several years, and she went to Hunter College in NYC to study writing while having sexual encounters with Mr. Sorkin. But it was her help…

Robert Redford received 5 Million

Dollars From Rob Reiner and Alan Horn, to bury the Underling rights to

President Elopes

From: Kyle Morris <kylemorris@rcn.com>

Date: June 27, 2013 12:59:18 PM EDT

To: schiff1@verizon.net

Cc: kfcarpediem@aol.com, mwinship@wgaeast.org, bschneider@wgaeast.org, Aburdick@wgaeast.org, aaronmendelsohn@mac.com, lpeterson@wgaeast.org, elevin@wgaeast.org, fcatigbe@wgaeast.org, jpauerbach@msn.com, asegall@wga.org, lmackey@wga.org, Charliemonkey1@aol.com, PVerrone@aol.com, whstlr@pacbell.net, whstlr@adelphia.net, DNWeiss@comcast.net, cgweho@aol.com, danpetrie@aol.com, cjg53@pacbell.net, gbetts@wgaeast.org, jschioppa@wgaeast.org, sherry@goldmanpr.net

Bcc: william richert <fcbfilms@hotmail.com>

Subject: Fwd: U & John Wells

 

Dear Stephen -- PSS:  Forgot to ask one last question.  How did Dalton Trumbo get his credit back?

 

Begin forwarded message:

From: Kyle Morris <kylemorris@rcn.com>

Date: June 25, 2013 7:31:51 PM EDT

To: schiff1@verizon.net

Subject: U & John Wells

 

Dear Stephen -- When you wrote your below, June 25, 2011, email-chain-reply to me (two down from William Richert's revelatory letter re: the American President/West Wing credits controversy,) you failed to mention that you and John Wells were, or still are, business partners via Mr. Well’s own private venture called The Writer's Co-op.

 

This troubling, disingenuous conflict of interest, recently pointed out by one of the growing number of irate WGA members, seems to further indicate that our U. S. labor union, entrusted to you and other Guild officials previously contacted directly or otherwise cc'd, is nothing more than a stacked clubhouse built on self-dealing sands.

 

...Make that an opaque criminal enterprise of risible proportions -- although it’s no laughing matter, not with careers and whole lives at stake.

 

I actually believed you were being sincere, Stephen, by providing me your writer-to-writer opinion and perspective  that I much disagreed with, yet nevertheless respected.

 

Now, however, it appears your POV might well be skewed towards those in charge of the WGA country store, where patronage is on sale for the price of quid pro quo screenplay deals -- dished out to Board/Credits Committee members who actively participate, knowingly or not, in the Guild's endemic system of insider-influence-peddling, bribe taking, and ongoing racketeering decades in the making.

 

Even so, you did openly admit that William Richert and I "likely deserved some credit on An American President".

 

Query # 1: what did you mean by ‘some credit’?  Did you ‘likely’ mean the ‘irreducible minimum guaranteed story-by credit” on An American President, which by clear rules definition of direct access, would also justify us being granted a shared, ‘created-by’ credit on The West Wing? 

 

But the 'irreducible minimum guaranteed story-by credit' was denied us because of trumped up 'special conditions', and Aaron Sorkin has since made a point of wanting this long-stand, guild

cornerstone-right unceremoniously dumped into the dust bin. Sorkin finds this credit guarantee personally annoying, unfair to real writers like himself, and confusing to audiences. But what he really means is that this guarantee stuff gets in the way of his entitlement habit of usurping credit and resulting royalties without having to bother with true author opposition.

 

INT. COZY SCREENWRITER’S  PANEL – 24/7: Sorkin seated beside partner, fellow plagiarist, and 'Self-Proclaimed West Wing Creator', John Wells. They make smirky small talk and steal big time from the original creativity of whoever/whenever/however... and bank millions.

 

(Google: Awards watch roundtable: the writers Part 3)

 

Apparently, those ensconced in the WGA driver's seat feel entitled to purloin without penalties any story and project they covet, since they control and pass final judgment over their own arbitrary credit rules, while steering them with stealthy invisible hands in directions favoring

a coterie of A-list-writers, with Sorkin at the top of the list, while taking the rest of us for a ride.

 

Furthermore, both Sorkin and Wells are producers, a fact which you yourself said would be grounds to launch a legal action -- outside the Guild (you conveniently added) -- should the arbitration process, which you then proclaim cannot be overturned, be proven a sham.

 

It soon will be!

 

You also went one better and stated, with lawyer-like alacrity, that my/William Richert’s 2003 N.Y. court case was dismissed without discovery, leaving out a rather salient legal point:  the Judge relied almost entirely on the WGA's sworn testimony, that An American President and The

President Elopes were two different, unrelated screenplays.  -- Case closed, right everybody?

 

The WGA both perpetrated and defended this ruse, and still does, with your compliance, Stephen, to this very day. We have the recently discovered proof of this fraud, but have been continually denied a Guild forum procedure to present the evidence of credit malfeasance.

 

What’s everyone afraid of?  Being made liable, perhaps? Being shut out of the lucrative screenwriting loop?  You tell me, Mr. VP of Credits, because I’m pissed off about being pissed on by you and the rest of the WGA's game-rigging-gang, past and present.

 

Sheer corruption of the court, if proven, carries serious consequences for all involved, even as outside counsel and inside gatekeeper, Tony Segall, Esq., shrugs off the chances of anyone

being caught in the damning Truth’s omniscient headlights.

 

The officials and lawyers at SAG are no longer playing deaf, dumb and blind, I might add, as they are presently about to face the music for their own garden variety of illicit Guild Dirt & Manure.

 

(http://variety.com/2013/film/news/ed-asner-15-others-sue-sag-aftra-over-unpaid-funds-1200487548/)

 

The WGA is next… after already being hit with a class action lawsuit for siphoning $200m of foreign levy billions into union/studio slush fund pockets, thanks in part to the mastermind shenanigans of under-the-radar-royalties-shucker, Carl Gottlieb, who seems to think the creative world of writers is his cronyism-oyster.  

 

(Double-Cross at the WGA - - News - Los Angeles - LA Weekly)

 

So, Stephen, instead of shrugging off your duties, or soaping-off your conscience in the shower, please be well advised to peruse the first twenty pages of President Elopes draft, The Executive Wing, a Robert Redford/Wildwood-developed script never submitted by Castle Rock to the

Credits Committee for review.

 

(http://williamrichert.com/uploads/3/1/7/5/3175915/executive_wing_west_wing1.pdf)

 

It’s preeminently evident that Sorkin/Wells were co-mingling The Executive Wing/President Elopes and The West Wing behind the scenes, with Sorkin’s future kingly payoff now stemming from sole 'created by' credit for the TV series he and Wells stole, with the blessing of Alan Horn, who had just slithered over from under the 'Castle Rock' to the presidential film and television cockpit of Warner Brothers, with an open mandate "to oversee Castle Rock Entertainment", and, coincidentally, the already ramped-up-to-go, Sorkin/Wells West Wing series. Mind you, this lightening fast, premeditated, executive body shuffle all occurred while the American President credits controversy was still buzzing around town with a jaw-dropping air of disbelief.

 

Now, ironically, Horn holds the joystick of corporate ‘family values’ at Disney, where President Elopes first began 1981.  

 

“That’s All Folks!” -- The piggy conspiracy never ends; it keeps feeding at the bottomless trough, while Sorkin 'snorts' on...

 

Well, Stephen, at least take a moment of your precious time to thumb through the attached facts and chronology file, as the story of the making of American President and The West Wing will soon be in the public eye anew…ready for Aaron’s next sole credit…as a lawyered-up crackhead, in a plagiarizing frenzy to cover his tracks.

 

 http://williamrichert.com/uploads/3/1/7/5/3175915/fraud_in_the_west_wing_by_aaron_sorkin_web-1.pdf   (takes a few moments to upload)

 

But if you don't feel like taking an objective look at this artfully orchestrated credits theft, there are plenty of others unafraid to fulfill your executive obligation to make the proper script comparisons and clamor for a claw-back of our long overdue credits.

 

As for An American President AKA The President Elopes -- the stark story similarities are there in black and white, as they have been from the very beginning: An American President and The President Elopes are one in the same, and The West Wing was chain-linked to both by Aaron Sorkin’s very own actions and admissions...no, make that errors and omissions, which uber-abound in this matter.

 

Sorkin declares in a document withheld from us that he never started writing An American President until after he met with Redford. His April 30th 1995 letter to Credits Administrator, Sally Burmester, insists that his being hired to write an ‘original screenplay’ constitutes the entire reason he deserved sole writing credit…!!!?  Nobody reads the WGA by-laws?

 

Sorkin’s sly, semantic, sleight of hand was not only misleading, as is recently revealed via new discovery of fraud, but it was orchestrated by the WGA hierarchy, in implicit collusion with

Reiner/Horn/Castle Rock, producers and studios one and all, and all for themselves.

 

Why in the sane universe would Castle Rock pay Redford $5m in order to keep The President Elopes screenplay off the market (per Horn’s written explanation) if it was a totally different story?  Answer: it wasn’t. It was the same start-to-finish-story developed for many years, with many major screenwriters writing drafts, including Ron Bass, Alice Arlen, Clifford and Ellen Green, Lowell Ganz- Babaloo Mandell…Sorkin being the last in line, ‘researching’ through President Elopes scripts scattered atop a hotel bed shared with Castle Rock VP of Business affairs, Julia Bingham, his studio-executive-copy-and-paste-enabler-cum-sober-copulation-counselor i.e., future wife and then very enriched ex-wife.

 

I am recently in possession of a 10 page expose by a powerfully active knowledgeable and respected WGA credits expert, in which it is detailed how Sorkin, his lawyer and the lawyer(s) for the WGA, made a mockery of the Guild rules and guidelines in 1995.

 

And why, do I dare ask, was Rob Reiner fraudulently submitted by Castle Rock as the film’s sole producer during the WGA credit process?

 

Had he acknowledged Robert Reford’s producer involvement (it was in the final movie credits) the writing credits outcome would have been different, would they not?

 

Are you still with me, Stephen?

 

Also In your email you opined that I simply let decades of work go, and move on…that you had also gotten screwed out of your credits -- that shit happens all the time in Hollywood: It’s called business as usual, without benefits, so to speak.

 

In that regard, I suggest you review the attached recent case of Intellectual Property Theft, in which a courageously resolute screenwriter bucked the mega studios and media powers-that-be for years, and won back her credit to the billion dollar Matrix franchise, with damages.

 

(Sophia Stewart, The Real Creator of 'The Matrix,' Wins Lawsuit)

 

Would you have advised Sophia Stewart to follow your lead, bend over, and take a big credit violation for Team WGA?  Now, however, she’s able to finance her own film production company – William Richert and I could do the same with the fair return of our deserving credit, since syndication royalties from the West Wing series alone have netted north of 2 billion.

 

…What were the said projects stolen from you worth?

 

Consider making room for a little advice, Stephen: do your job by doing the right thing, and with our RICO 3X from the judge, we’ll hire you away from Wells;  give you a ‘special conditions’ credit for belated heroism; send you off on the talk show circuit.

 

But watch out for Sorkin; he’ll try to belittle and defame you, call you a “hack” etc. Lots of other writers have felt the bitter-edge of his forked tongue -- just can’t help himself when it comes to helping himself to whatever his heart of darkness desires. And having accomplices in high places sure doesn’t hurt.

 

Next question in search of an answer: how many current Board and Credits Committee Members have, or did have, writing projects involving John Wells, or any other WGA executives and their affiliates?

 

What about those on the WGA Board or Credits Committee during the 1995 arbitration of An American President? Wells was a Guild exec. back then, too, before he jumped aboard the West Wing plane he helped hijack, flying back to become WGA President.

 

Would you not at least agree, as a matter of ethics, that the dues paying members of the WGA be informed when its elected fiduciaries, who are entrusted by compliance laws to protect member rights, are actually serving to preserve their own self interests… by allowing patronage and grand theft credit abuse of Guild constituents to continue on unabated?

 

Aren’t you and the Board basically compliance officers? Isn’t the film and TV industry a commodities market?

 

Might a newly unearthed expose' of Hollywood-As-Wall Street hook the legal eye of a federal prosecutor?

 

True, federal prosecutors are busy and most of the current Board and Credits Committee heads were not around in 1995, although Carl Gottlieb was, and still is…foreign levy debacle notwithstanding.

 

All of you are the official watchdogs of WGA ethical overview, with the power to do something. Therefore, as a fellow member, I once again respectfully request you further investigate and act upon this criminal civil matter in a timely, fearless, and forthright fashion.

 

Remember, I kept asking you and the Board in writing what official WGA mechanism/forum William Richert and I could entreat to correct insider-injustice, such as Sorkin's hitherto undisclosed, non-transparent 'blind script deal'.

 

Yet, not a single answer came back from the board regarding my very specific question as how to remedy this arch travesty. Apparently, when the issue was raised officially at a meeting, Tony

Segall scared the shit out of everybody, and I was ignored.

 

It's been an infuriating and egregious experience to have the church of one’s creative soul ransacked over and over.

 

And finally, it will all cease and desist, for better or worse, whether you and the others at the WGA choose to rise up from your pencils-down-heads-in-the-sand-riverbank, or not...!

 

"Find out what people will submit to, and you have found the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress" -- Frederic Douglas.

 

Cordially Yours...Kyle Morris/WGA member

 

PS:  William Richert and I demand return of our rightful film and TV credits, and we demand it right now -- this fucking minute!

 

 

 

 

 

 

 

        

Begin forwarded message:

From: Kyle Morris <kylemorris@rcn.com>

Date: February 15, 2013 12:24:49 AM EST

To: kfcarpediem@aol.com

Cc: mwinship@wgaeast.org, bschneider@wgaeast.org, Aburdick@wgaeast.org, aaronmendelsohn@mac.com, lpeterson@wgaeast.org, elevin@wgaeast.org, fcatigbe@wgaeast.org, jpauerbach@msn.com, asegall@wga.org, lmackey@wga.org, Charliemonkey1@aol.com, PVerrone@aol.com, whstlr@pacbell.net, whstlr@adelphia.net, DNWeiss@comcast.net, cgweho@aol.com, danpetrie@aol.com, cjg53@pacbell.net, gbetts@wgaeast.org, jschioppa@wgaeast.org, sherry@goldmanpr.net, schiff1@verizon.net

Bcc: Bill Richert <fcbfilms@hotmail.com>

Subject: Valentine's Day Appeal For Justice

 

TO:  KATHERINE FUGATE

BOARD MEMBER

WGAw

CC TONY SEGALL, CARL GOTTLIEB ET. AL.

 

 

Hi Katherine –

 

Although this correspondence is directed to the entire WGA Board, as well as all guild officers, fiduciaries, and associated entities, I am addressing you in particular because of an incident that took place on June 27, 2011, in which you questioned Tony Segall, Esq. about an email chain between myself and various WGA Board members and legal representatives, that took place between April   and June 2011. (Entire e-chain attached to refresh your memory.)

 

According to an internal WGA memo recently brought to my utter attention, you appeared to have been the only Board Member ‘man enough’ to directly confront Mr. Segall about the ongoing and not-going-way American President/West Wing credits dispute.

 

Without knowing all the details of your face-to-face, it unfortunately appears that Segall's standard-issue-response to you -- "that Court case was dismissed" -- was enough to assuage your concerns at the time re: whether or not sole writing credit for both the film and TV series had been awarded to Aaron Sorkin as the result of a 'conspiracy of fraud’ of breathtaking scope and historic dimension, even for Hollywood."

 

But newly discovered evidence of this infamous 'Credits Cold Case' crime is even more damning now than it was in 2011/2012, not to mention in 1995, as the dust keeps settling, and the noose of Truth continues to tighten, around a growing body of freshly unearthed facts. Meanwhile, it’s Feb. 2013, and yet somehow it feels like yesterday is right around the rotten corner again, does it not?

 

I can only imagine the current shock and chagrin of Board Members and associates working for Lance Armstrong, having for decades been bull-shitted repeatedly by their celebrity hero, as well as by his legal-spin-cycle mouthpieces...all clone-like graduates of The Tony Segall 'Liar' -- oops -- 'Law School of Pedaled Deception?'

 

And where, one wonders, did outside counsel, Mr. Segall, get his PHD Degree in Perjury, since anyone willing to corrupt a U.S. Federal Court case, as Tony knowingly did in 2002, must have a comfortable bankroll of guild-pooled-bail-money -- enough, should the charade ever fall apart, to spring everyone out of the liability clink...or maybe just him and his cozy-crony-band of producer-writer-co-conspirators.

 

The WGA recently returned Dalton Trumbo's rightful film credit after 58 dark and shameful years. Scores of other such credits have also been so reinstated.

 

How, then, does the WGA Board – and the Board’s lawyer Tony Segall -- justify its refusal to answer – your question included -- my many prior requests in plain English for information about the proper WGA procedure by which to correct a corrupted credits process from the inglorious past?...Well, is there...? I'm asking again.

 

As you alone seemed to have been the only Board Member of note with any ‘balls’, or conviction, it’s time to march back into Segall's lair and demand an in-depth explanation of the following email I've just received from my President Elopes AKA American President co-writer, Bill Richert, along with a filed chronology of factual bells and whistles.

 

Hey, The U.S Justice Department is now accusing S & P of fraud in a suit filed over inflated mortgage fund ratings, wherein the   S & P is charged with “knowingly and with the intent to defraud, devised, participated in, and executed a scheme to defraud investors” Just change the last word to ‘writers’ and you have the same case, but this time against producer-writers like Sorkin, Wells, Reiner, et al.

 

Do the right thing, Dear Katherine and WGA Board...do something!  Whether you believe so or not, your necks are on the line, while the boys in the backroom have their bags all packed, in the unlikely case you ‘fall guys’ AKA ‘suckers & suck-ups” ever decide to perform your appointed job of cleaning house…when it all stinks to high heaven.

 

“You must speak straight so that your words may go as sunlight to our heart.” -- Cochise

 

Onwards/Kyle Morris,

WGA member with rights not to be wronged.

 

 

 

FROM:  WILLIAM RICHERT

FAUX EMERITUS MEMBER-IN-ARREARS

WGAW

LEAD PLAINTIFF

RICHERT VS. WGAw et. al.

 

February 14, 2013

 

Dear Kyle,

 

IN 2012 we re-examined the relationship between John Wells, Alan Horn, Julia Bingham, Rob Reiner, Carl Gottlieb, Warner Brothers, NBC, and Castle Rock during the period the Writer’s Guild in Hollywood was awarding sole credit for THE AMERICAN PRESIDENT to Aaron Sorkin.

 

In the past 12 months we also discovered that an evidential 1991 screenplay draft pre-dating the Aaron Sorkin draft was missing from the chain of screenplays and contracts presented by CEO Alan Horn to the WGAw for credit arbitration, along with the contracts with Universal Pictures and Robert Redford/Wildwood.

 

The "four corners" of these intra-studio contracts will only be given to us in court discovery; until now, they've never seen the light of day outside of inner WGAw circles behind closed doors.

 

We further looked at the “special relationship” between the Castle Rock SVP/lawyer, Julia Bingham, and Aaron Sorkin, as she was attempting to coax him into rehab for crack cocaine even while signing on as his future wife, with a 50/50 split (in California) of his earnings from THE AMERICAN PRESIDENT and THE WEST WING.

 

With guidance from Eric Hughes, guild opposition leader and noted expert on writers' credits, who ran for WGAw President in 2004 on a pledge to clean up the credits arbitration systems for inherent unfairness leading to corruption, we looked at the crony partnership between WGAw official Carl Gottlieb and Castle Rock Studio Owner-WGA honcho Rob Reiner.

 

 

Reiner falsely and deceptively claimed to be the sole AMERICAN PRESIDENT producer in his statement to the WGAw, ignoring Redford's lengthy prior involvement as producer and star when the movie project was titled THE PRESIDENT ELOPES, which would have 'guaranteed' our rightful credit.

 

Meanwhile, Reiner's partner and WGAw operative, Carl Gottlieb, became part of the “fair” judge & jury in a “pre arbitration committee” scheme that denied us of our rights as original authors.

 

Full disclosure of all the participants in the case at the WGAw will show that Carl Gottlieb participated in the false “pre arbitration hearing”, never lawfully disclosing his long profitable business ties to Rob Reiner at Castle Rock, even as Gottlieb orchestrating the "foreign levy program" that cost the guild dearly in my 8 year lawsuit RICHERT VS. WGAw et. al.

 

Also – and of utmost significance – we only recently discovered after nineteen years that there had actually never been a group WGA writers assigned to compare the earlier original script by us to the later screenplay drafts I and other accomplished screenwriters wrote, along with the script of the last hired screenwriter/falsifier, Aaron Sorkin.

 

Such common sense comparison of screenplays, never occurred in our case, even though Alan Horn wrote a malicious letter to the LA press, union members and studio executives stating that it had.

 

There was no side by side “expert reader” examination of screenplays by our peers as required by the writers’ union, and this key piece of information -- that they ignored the process meant to grant legal script credit --  was kept hidden all these years by guild insiders and WGAw outside legal counsel.

 

Sorkin was supported by a pattern of crony relationships within the writer's union which he controls with John Wells even to this day, as demonstrated with their videos together on youtube.

 

In his sworn testimony in a NY District Court,  union mouthpiece Tony Segall  falsely claimed such an arbitration had taken place, thus committing perjury in 2002, his filing with the court remains a corruption of the court proceedings in front of Judge Morrer.

 

 

 

Virtually all those connected with the WGAw in 1995 were aware that Sorkin had never provided anybody any other screenplay during the year he did his 10 or more revisions while freebasing crack.  His lawyer Richard Heller lied in person to the WGAw.  None of those named above have denied or disputed the charges we've made in the years since the WGAw credit became final, except to say that the WGAw followed its own rules, although it did not and clearly did the opposite, earning hundreds of millions in profits for the involved studios, Aaron Sorkin, Reiner, Horn, Redford, et al. along with Sorkin's ex-wife and WGAw insiders like John Wells, Sorkin's admitted partner and soon-to-be producer of THE WEST WING.

But until this past year, we lacked the material evidence to make civil and criminal charges that cannot be summarily dismissed by a lied-to and misinformed Judge.

 

 

BACKGROUND FACTS:

 

THE PRESIDENT ELOPES was an original story and concept I created and wholly-owned, based on my experiences interviewing the daughters of American Presidents about their fathers for "60 Minutes" in 1970. I sold my 3-page fictional synopsis to Disney, where Alan Horn ironically is now CEO, in 1982, under a standard “Assignment of Rights” agreement whereupon I commenced and wrote an original screenplay called THE PRESIDENT ELOPES with Kyle Morris.

 

According to the strict WGA rules, our original screenplay THE PRESIDENT ELOPES guaranteed us an “irreducible story by” credit in recognition of our ownership and right to profit from the  "exploitation" of our work. As per the industry standard assignment of rights, this screenplay was called a “work for hire,” a collective bargaining contract phrase which grants the studios copyright under a contract with author’s copyright ownership protected by the Writer's Guild of America’s Minimum Basic Agreement (MBA).

 

Although re-written since 1982 by other screenwriters at several studios, including ABC Films and Universal Pictures/Wildwood, and Castle Rock Pictures, the underlying story was and is the same, even when the characters and story line template successfully morphed into THE WEST WING as a television series.

 

The story sprung in its particulars from the several months I spent in and out of the Nixon White House during the Watergate Era, when I interviewed Nixon’s Daughters for '60 Minutes' with the help of Margaret Truman and Katherine Graham of The Washington post, in whose house I met with Alice Longworth Roosevelt.

 

In my White House visits, and from my co-producer who knew Nixon intimately, I got the impression of a very isolated President, a loner, and this spawned the idea of a widower in the White House looking for a mate. There was (is) no other similar story in U.S. history, including books, films and on television, until THE AMERICAN PRESIDENT, with Sorkin’s title change of a single word.

 

The title change from my 1991 PRESIDENT ELOPES draft screenplay, THE EXECUTIVE WING, to Sorkin's THE WEST WING also required a single word change. But nobody could even notice this because my screenplay was never submitted by Castle Rock for comparison at the 1995 credits arbitration -- it was purposely kept back for reasons now revealed.

 

The credit on a produced screenplay determines not only professional standing; the credit on the screenplay determines the amount of money the authors and their partners and agents (and ex-wives in Sorkin's case) receive, and might include millions in future ancillary rights and sales, including foreign levies.

 

Screenplay credits are determined by the WGA hierarchy in secret in a ritual arbitration proceeding which often acts according to unscripted ad hoc rules -- and as Credits Administrator Sally Burmeister admitted during a credit arbitration on "The Last Samurai", the rules are often made up between her and her lawyer superior. This red flag was also waved to no avail by the writer-plaintiff's attorney, Neville Johnson, using the "American President"candidacy credit theft as the most blatant case in point:

 

FROM ‘THE LAST SAMURAI’ LAWSUIT DECLARATION:

 

[In]…the outrageous conduct of the WGA in this matter, the "little guy" writer is no longer protected by the WGA, but instead must protect himself or herself from the WGA and be constantly vigilant for traps laid by its staff, one hell-bent on power, self-preservation and avoiding accountability, and a Board that operates in secret as if a politburo from the Cold War era.

20. Because the WGA is now rudderless and does not protect its own members, there is no other remedy but through the courts as the union is unwilling and/or incapable of adequately representing its members. This untenable and unfair situation has lasted for many years: first with The American President, a major success which spawned the hit television show, The West Wing, which was derived from The President Elopes, written by William Richert and Kyle S. Morris and for which Aaron Sorkin falsely appropriated credits. Richert and Morris were denied a full and fair hearing by the WGA as to whether they should have received credits. In that matter, Richert and Morris were not timely notified of hearings being conducted regarding credits, nor permitted to mount an appropriate claim, and denied the opportunity to confront and challenge Sorkin's claims. Sorkin's lawyer at the time claimed that Sorkin was ill and could not attend any hearing; the truth was that Sorkin was at the time a crack cocaine addict, which Sorkin admitted several years ago in an article in The New York Times.

 

The inherent potential for unfairness of the system was first given its due when noted screenwriter Eric Hughes (AGAINST ALL ODDS) ran for President of the WGAw to clean up the credit process. His political candidacy and fight for the rights of writers had to be re-examined by the Department of Labor after he lost under suspicious circumstances. He still continues his efforts, and vows he will not give up until the rights of writers have been restored. It is Mr. Hughes new look and review of our case which gives hope of a fair and just outcome.

 

During the period he was rewriting our screenplay, Sorkin was under contract to Castle Rock and re-writing scripts for Steven Spielberg at the time; as an employee of Castle Rock and partner to Rob Reiner and betrothed to Ms. Julia Bingham, Esq., Sorkin basically bought the copyright for himself from Redford for his own company - and then disabled Mr. Richert and Mr. Morris’s ability to sue as they did not own the underlying copyright, as it had been assigned to Disney at the outset, and was supposed to be protected by the Writer's Guild's own laws.

 

Ms. Bingham, who became Mrs. Sorkin a few months after her husband was awarded sole credit on THE AMERICAN PRESIDENT, was head of business affairs at Castle Rock Pictures and right-hand woman to Alan Horn, CEO at Castle Rock, the studio putting up the money. The other Castle Rock partner was Rob Reiner, who put his name only as Producer on the submissions to the Guild, ignoring that Robert Redford was his co-producer on the film, which connection would certainly have required that we got credit. Owner Rob Reiner also refused to mention that Castle Rock had already been acquired by Warner Brothers at the time of the phony “arbitration,” or that John Wells was in discussion with NBC about a television series -- or that Alan Horn was moving over to Warner's as President of the Film and Television Entertainment, with acknowledged oversight of the studio's close relationship with Castle Rock -- all indications that The West Wing was already becoming a television series.

 

Sorkin's lawyer, Richard Heller, flat-out lied to the “special committee” at the guild, testifying that his client had no access to the prior scripts and had never read a single draft of any of them. Later his statements were shown false when Sorkin himself admitted he had read an earlier draft of a President Elopes script AFTER he got sole story and screenplay credit. Sorkin’s admission by letter that he had met with producer Robert Redford about the same widower-President-romance storyline was not discovered until the 2002 Richert/Morris lawsuit was filed.And even to this day it's unknown whether this specious, Sorkin self-justification letter to Sally Burmeister ever made it to the Credits Process, for it would have won our case hands down.

 

 

Before their affair turned to marriage, the future Mrs. Sorkin herself referred to the scripts on Castle Rock company letterhead as THE PRESIDENT ELOPES AKA THE AMERICAN PRESIDENT, clearly acknowledging Sorkin was not the sole writer, even as she was arranging his stay "due to exhaustion" at Hazeldon Rehab Hospital for the real reason of crack addiction, a condition even Sorkin himself said turned him into a chronic liar.

 

Richert and Morris filed a 2002 lawsuit in New York, but the case was dismissed before discovery because of the near-total reliance of the judge on the WGA's statement that the credits were fairly arbitrated at the Guild within their Minimum Basic Agreement, which they were not.

 

Robert Redford and Universal Pictures got credit as producers on THE AMERICAN PRESIDENT. Mr. Richert worked closely with Mr. Redford for years, and Redford's name was on the film credits along with Aaron Sorkin's sole writing credit. Furthermore, the film was released in theaters BEFORE the WGAw credits arbitration process was even finalized. There was apparently never any question among those in the know about who would get the writing credit. When asked if the decision was fair, Redford shrugged it off with a "they got screwed."

 

 

We were asked to believe that there were two different widower-President-romance scripts that 'merged' and Castle Rock (or perhaps Warner's) was paying for one and not the other. And all Sorkin had to say in writing -- and never was to prove -- was that he was hired to write an original screenplay. One simple statement, not made under oath or backed up with contracts like those of Mr. Richert and Mr. Morris, was enough for Sorkin to steal by guile, deceit, and conflicted crony friends in high places a valuable, major feature film enterprise many years in the making before him.

 

According to a written statement by Alan Horn, he and Sorkin’s partners -Julia Bingham &Rob Reiner paid Redford five million dollars for the THE PRESIDENT ELOPES screenplay, to keep it "off the market for other reasons" – meaning THE WEST WING, which John Wells was already bringing to NBC with Aaron Sorkin as his producing partner and "creator by".

 

Thus illegally, and in full view of the screenwriters and other industry leaders who were perplexed and dumfounded by the front-page Variety and LA TIMES reporting of controversial decision by the WGAw, Aaron Sorkin got sole credit on other writers’ work, and this got him and his partners the tens of millions in profit from benefits of copyright even though what Sorkin did was a rewrite, just like the dozen other writers over the decades.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

        

The similarities between the scripts would have been obvious to anyone actually reading them or comparing them, but the scripts were never read or compared by the WGA as part of the 'special conditions' of this particular “credit arbitration process.” There was never any “expert reader” arbitration at all, as declared WGAw opposition leader and credits expert Eric Hughes, though the WGA legal team wrote craftily worded letters implying that there was. Instead, a “special committee” was created by the union led by Carl Gottlieb, a partner of Rob Reiner who was a partner of Aaron Sorkin, and the committee gave the scripts to “readers” who did not read for story and script likenesses as required by the guild, but who read contracts to see whether William Richert and Kyle Morris’ scripts were connected to the Sorkin script contractually.

 

All along Sorkin claimed he had started his “separate” screenplay concurrent with the William Richert-Kyle Morris screenplay, but he never produced any kind of script or outline or notes whatsoever, as there never was any other screenplay.

 

William Richert and Kyle Morris were cut out of the entire credit process, and in 2012 John Wells began accepting credit as “creator” of the WEST WING, when he was one of the WGA Board Members with powerful influence on the credits committee, and he was selling THE WEST WING series with Sorkin within months to his continuing partner Alan Horn, who was already taking over as President of Warner Bros.

 

Sorkin himself has stated many times that the source of THE WEST WING lay in research he did for THE AMERICAN PRESIDENT. He is telling the truth for once, as the source of the series is clearly found in "The Executive Wing", the draft by William Richert written for Redford just before Redford joint ventured the project with Reiner and Sorkin at Castle Rock.

 

Had William Richert and Kyle Morris been given their rightful “created by “ credit as mandated by the union, instead being subjected of a bogus “SPECIAL COMMITTEE” which deprived them of their rights in a special, insider-trading, crony way – so complex it took years to reveal itself in sum -- they would have been part owners of both the film and the television series derived from their writings, earning rightful percentages and fees, with materially and spiritually different lives, as they would be owners of profit -- not victims of institutional fraud.

 

In front of the complicit, knowing, fully cognizant eyes and ears of the director and producers of THE AMERICAN PRESIDENT and THE WEST WING, Aaron Sorkin and his soon to be wife, Julia Bingham -- aided by their insider partners Rob Reiner and John Wells at the writer's union -- accomplished a near billion dollar theft of copyright from the true original authors and creators of the characters and story behind the movie and the series.

 

Continuing efforts by Richert and Morris to reverse this ongoing injustice have been institutionally and purposely stonewalled by the WGA and the producers -- all well versed in hiding illegal collusion behind a perennial firewall of guild collective bargaining procedural subterfuge. This case, however, is about plain and simple and ongoing fraud, that I believe can be reopened and won via new discovery of fraud in a civil and possible criminal suit.

 

It took twenty years to pull the curtain back on a well-connected crook like Madoff, and inveterate deniers like Lance Armstrong, who should have looked to Hollywood WGAw entrenched cronies-club for instructions on how to create a 'free pass' for blatant fraud, collusion and theft of millions.

 

Last year the WGAw gave Dalton Trumbo his screen credit on ROMAN HOLIDAY after 58 years, with the Board of Directors restoring his credit.

 

The Board of Directors is responsible for the restoration or denial of credits, and are directly responsible for the actions f their attorney, Tony Segall.

 

“It is not in our power to erase the mistakes or the suffering of the past,” said WGAW President Chris Keyser. “But we can make amends, we can pledge not to fall prey again to the dangerous power of fear or to the impulse to censor, even if that pledge is really only a hope. And, in the end, we can give credit where credit is due.

 

Our credit is due and counting, though we can’t count on John Wells to get it for us as he did for Mr. Trumbo, as he is getting millions of USD in income from world wide distribution of our work.

 

The WGAW and its Board of Directors will presently do the right thing, we must insist.

 

 

ONWARD -- Bill

PS: the documents and evidence for these charges are continued in the attached files, along with my numbered annotations.

 

FRAUD IN THE WEST WING BY AARON SORKIN_web-1.pdf ¬

 

 

 

 

Subject: 7/6/11 reply to Stephen Schiff re: President Elopes AKA American President

From: kylemorris@rcn.com

Date: Wed, 6 Jul 2011 12:30:12 -0400

CC: mwinship@wgaeast.orgbschneider@wgaeast.orgAburdick@wgaeast.orgaaronmendelsohn@mac.comlpeterson@wgaeast.orgelevin@wgaeast.orgfcatigbe@wgaeast.orgjpauerbach@msn.comasegall@wga.orglmackey@wga.orgCharliemonkey1@aol.comPVerrone@aol.comkfcarpediem@aol.comwhstlr@pacbell.netwhstlr@adelphia.netDNWeiss@comcast.netcgweho@aol.comdanpetrie@aol.comcjg53@pacbell.netgbetts@wgaeast.orgjschioppa@wgaeast.orgsherry@goldmanpr.net

To: schiff1@verizon.net

 

Dear Stephen -- First & foremost, thank you for having the consideration and yes courage to reply to my email(s). And heaven forbid you might have to set fingers to keyboard again, especially after showering away any/all guilt by association to past WGAw sins, which are ongoing up to this very communication.

 

The newly discovered evidence of fraud I've been alluding to in the email chain below is not about a bad decision or missing document. It concerns an altogether missing credit arbitration process; one that we'd all assumed took place -- BUT NEVER DID -- back in 1995, under the supposedly fair and equitable auspices of the guild. As a result, Aaron Sorkin infamously received sole writing   credit vis-a-vis a 'special circumstances' banner waved high (a la guild-orders-from-above) by Sally Burmester, Cathy Reed, Carl Gottlieb, and other unscrupulous orchestrators of the American President AKA President Elopes debacle. Years later, however, while under oath at a court deposition re: still another credits dispute, Burmester even admitted -- before video cameras, no less          -- to the arbitration scam that stole our rightful, deserved authorship.

 

Stephen, with all due respect to your apparently well intentioned belief that no malfeasance and/or criminal activities have occurred, a small coterie of producers and studio honchos nevertheless insider-benefited when Aaron "American Plagiarist" Sorkin also promptly stamped his name only on The West Wing -- a TV series clearly derived fromThe Executive Wing -- one of the many President Elopes rewrites that were readily accessible to Mr. Gleaming Smile, as you call him, who'd already admitted to have white-lied (as in cocaine-white) about ever having read any of the prior succession of President Elopes screenplays.

 

In an economic/career nutshell, had Bill Richert and I been awarded our rightful and guaranteed 'irreducible minimum story-by credit" on President Elopes AKA American President, we would've shared West Wing 'created-by' credit with Sorkin, whose personal cut to date of the hit show excesses a hundred million dollars, while leaving billions in syndication loot to be divvied up by various powers that be, both known and unknown, such as Alan Horn, Castle Rock's President, who promptly jumped ship to become President of Warner Brothers (home of The West Wing), as well as John 'Conflict-of-Interest' Wells -- long Sorkin's business partner/associate -- who became both a West Wing producer and, lo and behold, twice WGAw President!

 

No wonder nobody in a fiduciary-bound, WGA executive capacity on either guild coast wants to reply in any manner to my very simple request "for a list of all available remedies afforded to Guild members who wish to present factual evidence of a fraudulent credits arbitration, in order to overturn it." Furthermore, no one, including you, Stephen, answered if there is a President Elopes AKA American President file documenting what happened in 1995. Are such WGA files religiously kept?  If so, when can I stop by the guild to review it?

 

Stephen, as co-chairman of the Credits Department, you may wish to take another discerning peek at Sorkin's damning 1995 letter to Sally Burmester/WGA. Doesn't the merging of two original screenplays call for a credits procedure that did not occur in our case? And doesn't Sorkin's admittance in writing to direct access to Robert Redford, the project's star & producer at the time --        who was very much aware of the story particulars in the many President Elopes scripts he'd developed through his company, Wildwood, since 1986 -- automatically mean at least a story-by credit     had to go to the first writers (us) of the first and only original screenplay (ours)? And, not to belabor the point, but isn't this just the kind of credit manipulation you state that you and others at the Credits Committee are striving to rectify, so that bad decisions are less likely? Well, what better way to begin than by looking into the facts and actions that took place at the fraudulently non-existent "President Elopes" AKA "American President" credit arbitration hoax perpetrated in the mid-nineties?

 

FYI: In a recently rediscovered video interview (soon to air on YouTube) Rob Reiner, Castle Rock owner, producer, director, and WGAw screenwriter, is a man who stated at the Westwood premier   of President Elopes AKA American President that Sorkin "had to be doing a rewrite of the President Elopes -- otherwise I'd have had to start the whole project all over again, starring Michael Douglas." There is also a recent and most disturbing WGA conference declaration by Sorkin lambasting the guild's irreducible story-by credit rules to WGA President, John Wells, who appears to agree with him (Mr. Wells has had angry writer/credit settlements to hide under rug with his own personal pay offs)

 

Stephen, you don't have to read any of the President Elopes scripts, if you don't want to. All you have to do is take a little closer look at Sorkin's letter to the guild, as well as his lawyer Richard     Heller's equally disingenuous 1995 letter, which sits in your files like anthrax. (so, be careful about destroying evidence and obstruction of justice, boys and girls!)

 

This is not about flaws in the credits system. This is about systemic fraud by those who are supposed to guard and protect the integrity of the system for all guild writers, equally.

 

And contrary to Tony Segall's perfunctory denials that we have no new evidence of fraud, we do have in our possession overwhelming evidence, backed up by a highly credible, expert witness' testimony, that there never was a WGA/MBA credit arbitration re: President Elopes AKA American President.

 

Put another way, there never was any script other than President Elopes, the screenplay that Aaron Sorkin rewrote. Furthermore, the court system you suggest in your email as an alternative to seek justice re: unscrupulous producers: the court's refusal to "re try" the case relies entirely upon the truthfulness of a WGA arbitration, which the courts hold to be valid. In our case however, the Judge had no idea that such arbitration never happened because we didn't know that (then.)

 

Thus, in a chilling display of above-the-law-arrogance and entitlement-driven acts of duplicity, the WGA serves to not only exploit its non-insider-members, but also continues to defraud the U.S. courts with a fraudulent scheme of deception that violates our constitutional right to ownership, copyright and the fair reward for labor, not to mention our unalienable right to a fair hearing. It's 2011 where I work here in Manhattan, but apparently its still "1984" in the leadership rat's nest of the WGAw.

 

The flow of the river you describe has been polluted.

 

The time has come to clean it up, and clean house.

 

Sincerely --

 

Kyle Morris

WGAe Member Emeritus.

 

PS:  Unless I'm mistaken, new evidence of fraud restarts the Statute of Limitations clock, and does allow Tony Segall's closed case to be reopened.

 

PSS:  You may also want to take another look at the troubling choice of words at the end of your email, then imagine hearing them, as if spoken with sincere conviction to millions of violated victims, alive or dead, by any number of dictators, tyrants, and connected sociopaths with gleaming smiles standing before history's endless podium of self justification:

 

But I think you should give up trying to change the path of this particular river. It has flowed the way it was meant to flow, has kept within its banks. I am truly sorry that it took you under -- Stephen Schiff

 

 

On Jun 25, 2011, at 1:41 AM, Stephen Schiff wrote:

 

Dear Kyle,

 

I hesitate to enter this fray, and I can't claim any command of either the facts or the possible remedies. I'm also a little taken aback by your propensity for larding your argument, sound or not, with layers of abuse so thick that it's difficult - and, if you'll pardon me, tiresome - to excavate deeply enough to glimpse the actual merits of your case. Your vindictiveness and suspicion are understandable, but, to my way of thinking, they serve your argument poorly.

 

That said, I will wade in. Very temporarily. Please know that by the time you get to the end of this email, I will have waded back out, will have dried off and showered, and will be disinclined to get my toes wet again.

 

Without having read any of the scripts - which, I have to say, nothing on earth will make me do, so please perish that thought if it is now arising in you - I see two aspects of this case.

 

1) If I comprehend what's going on here, you, Kyle, are claiming as new evidence a document that indicates that one of the Richert scripts was not included in the arbitration. Is that right?

 

But here's my understanding about that. In an arbitration, it is up to participating writers to determine which scripts are included in the arbitration. I can see from the document you present that five Richert or Richert and Morris scripts or treatments were submitted in the arbitration, along with a polish and two rewrites of your scripts by other writers. That's a LOT of Richert-Morris material that was already in consideration. If you're saying that there was yet another script that should have been submitted and wasn't, it was up to you to make sure that it was included. If a mistake was made and it wasn't included, it was up to you to make that known. And if that mistake was discovered only after the arbitration, it was up to you to call for a Policy Review Board, assuming such remedies existed back then - I wasn't in the WGA then, I don't know when PRBs began, and I will leave that research to my betters.

 

If you're saying that you didn't discover the omission until just recently, my question is why not. If you have some evidence that you were misled about which drafts were submitted, both during the arbitration and in the aftermath when a Policy Review Board was still appropriate, where is that evidence? The "evidence" you include here is not that - at least not as far as I can see. It certainly doesn't look as though anyone was trying to mislead you.

 

Even if the missing draft had been submitted, it seems to me unlikely from the case you present that the arbiters would have decided other than they did. Given the enormous amount of Richert and Richert-Morris material they DID receive and read, it is very hard to buy the argument that the arbiters were not able to consider the possibility that the Sorkin draft was a rewrite of your drafts. They obviously DID consider that possibility, and, rightly or wrongly, rejected it through a normal, legal, and non-negligent process. Did your arbitration statement discuss the missing draft? I would think that if it had, the fact that it was missing might have been noticed. But if it didn't, then it's way too late to bring it up now.

 

Was a mistake made? If so, it is not a matter of malfeasance or dark plotting or corruptible WGAw officials being swayed by Aaron Sorkin's gleaming smile. And there is nothing here that tells me or anyone else that if the mistake had not been made the outcome would have been any different. Yes,  it might have been. But the remedies for such an error, if indeed that error was made, were available to you, and they seemingly went unexploited. Aaron Sorkin's letter, Julia Bingham's relationship to him - none of this is evidence of anything wrong with the arbitration process, though it's understandable to me that it all pisses you off.

 

The only item here that would give anyone pause is Barbara Maltby's article in The American Scholar, but that's an opinion by an interested party, and our arbitrations are, and absolutely have to be, determined by professional writers examining only the literary material and the writers' arguments, and not by outside opinions of any kind, even informed ones. To me, it looks as though due process was followed.

 

Now it's true that due process can result in bad decisions. And those of us who have been working hard on the Credits Committee have striven to make changes in our rules and procedures so that bad decisions are less likely to happen, or so we seem to think. But you can't retry old cases under new laws. That's not how law works, not in the WGA and not in the wider world.

 

All right, end of Aspect One.

 

2) If you think you've been stolen from by unscrupulous producers, that's a different matter. Let's stipulate that the arbitration process worked properly, even if we think that it resulted in a bad decision. That doesn't mean people can steal your stuff. But that's not a matter for the WGA - that's a matter for the court system. And you know this, since you brought this case to the court system in 2003. It was tried there, and you lost. Maybe that was a bad decision too. I don't know what appeals process was available to you, or what you did after losing the case. But it looks to me as though that ship, too, has sailed.

 

Listen, Kyle, I think it's likely that you deserved some credit on An American President. I think I deserved credit on at least three movies I didn't get credit on. Our system pisses writers off, and always has. It is imperfect, like any system of rules or laws. I hope we can fix that, and we're trying, and I think you may well have been the victim of its imperfections. But not of some miscarriage. Not of some malfeasance. Not of some corruption. Not of any remediable wrongdoing. I can see why you're mad, but I don't see any reasonable recourse. You can curse the gods, curse the Guild, curse your fate, curse me - I don't blame you. But I think you should give up trying to change the path of this particular river. It has flowed the way it was meant to flow, has kept within its banks. I am truly sorry that it took you under.

 

You will be inclined, I'm sure, to argue with this email and point out its many flaws and misunderstandings. If you do, I will nod regretfully or shake my head furiously, but I will not set fingers to keyboard.

Good luck to you.

Yours,

Stephen Schiff

 

 

 

On 6/24/2011 5:12 PM, Kyle Morris wrote:

Dear Stephen...Well, as you can see by the email chain starting with you on 5/19/11, Tony Segall, Leslie Mackey MacCambridge, and Ann Burdick -- lawyers all, and all for one -- do not wish to inform members of our Guild -- including me, you, John Auerbach, and thousands of other WGA scribes -- what remedies are be available to reverse a credit arbitration process (as in THE AMERICAN PRESIDENT) that to this day stinks like an ancient sewer of greed buried beneath Aaron Sorkin's clubhouse hot-tub.

 

[I mean, how can this dark-side-of the-moon-live with himself? -- John Edwards has met his slime-mate! Though let's not exclude our closer to home secret-connivers, Carl Gottlieb, John Wells, Rob Reiner, Robert Redford, Cathy Reed and the other writer-insiders, who, along with their Alan-Horn-closed-circuit of politico/studio co-conspirators, spearheaded the ongoing fraud in this case with the credit department's hammer, Sally Burmester, as organizer.  Amazingly, Carl Gottlieb's name was not included in any of Sally's many letters sent by US Mail.]

 

Maybe by now Segall et. al., are beginning to sense that the recent unearthing of newly discovered fraud and   theft re: the American President AKA President Elopes is not going away. And lawyers like Segall who avoid their fiduciary responsibilities and/or use their position and legal status to self-deal and obfuscate are subject to all sort of sanctions, possibly even criminal.

 

While "equitable tolling" and statutory time limits are claimed by guild lawyers, we might Think Madoff, who finally got caught/exposed after 17 smug years of getting away with conspiracy, fraud, and intimidation. There are no statutory limits on the kind of fraud committed against Bill Richert and me within the union for writers.

 

Corporate-style union board members and committee members who remain silent re: these conspirators also become, in many ways (I'm not a lawyer but I can only imagine) willing and even earnest accomplices to the crimes...like thumbprints of drivers in the getaway cars of long ago bank robberies.

 

Stephen, by now it's clear nobody with executive and/or committee responsibility is responding to my query,      or empathizing with our situation as writer's whose copyright has been controlled by plagiarists and pirates;    the exact opposite of a place that protects works by original authors.

 

I do not expect to hear from you or anyone else in the guild about this...few among us ever want to risk     rocking the boat, right?  But morally, not standing up for justice will eventually sink the ship of democracy.

 

Easy to write about taking on the bad guys and wiping out corruption in a screenplay. Hard to live it in the       real world, tho. So be it -- onwards and upwards -- your fellow WGA member -- Kyle Morris

 

PS: -- check out this 1994 Variety article.  And just for fun, go back and review all of the other attachments.

 

 

Begin forwarded message:

 

From: Kyle Morris <kylemorris@rcn.com>

Date: June 16, 2011 2:30:59 PM EDT

To: Aburdick@wgaeast.org

Cc: mwinship@wgaeast.orgbschneider@wgaeast.orglpeterson@wgaeast.orgelevin@wgaeast.orgfcatigbe@wgaeast.org, Stephen Schiff <schiff1@verizon.net>, John Auerbach <jpauerbach@msn.com>, Tony Segall <asegall@wga.org>, Lesley Mackey McCambridge <lmackey@wga.org>, Eric Hughes <Charliemonkey1@aol.com>, PVerrone@aol.comkfcarpediem@aol.comwhstlr@pacbell.netwhstlr@adelphia.netaaronmendelsohn@mac.comDNWeiss@comcast.netcgweho@aol.comdanpetrie@aol.comcjg53@pacbell.net

Bcc: llbengr@aol.com, Kyle Morris <kylemorris@rcn.com>

Subject: American President AKA President Elopes 6/16/11 -- resent for format

 

Dear Ann -- this email follow-ups my 6/1/11 questionnaire/memo (seen below at top of email chain).

 

You obviously are taking considerable care with the thoughtfulness of your response to this WGAe member Emeritus.

 

I am pleased, as well, that WGAw's Tony Segall,Esq. didn't answer my email to you and speak on your behalf, as he so surprisingly did when I sent a few questions to Lesley McCambridge, Esq. But maybe that's a West Coast legal-ego-thing -- the Alpha Male General Counsel brushing aside his female credit department Senior Director, in order to dismiss/bury vital issues, such as whether or not to obey the laws of the guild and the land in the face of union corruption.

 

Come to think of it, I wonder if Tony "EMAIL ME ONLY" Segall advises mere underlings, i.e., Sally Burmester, Carl Gottlieb, and even WGAw President, John Wells, what to wear to work each day,    what wines to drink at movie openings, and where to park their off-the-books share of the credits-corruption slush fund. Why, the foreign levy -- syndication royalties for "The West Wing" alone has     hit a billion plus: imagine how much of that tainted loot has been diverted to Who-knows-Who?

 

Oh, by the way, Ann -- did you happen to get the drift of Aaron Sorkin's self-incriminating, 1995 letter to Ms. Burmester (attached), written as justification for his theft of credit on American President AKA President Elopes  (also see attached Castle Rock letters with same "American President" AKA "President Elopes" heading!) This series of correspondence is for your and everyone else's reading pleasure, as back then, most of the evidence was surely swept under the WGAw's dirty-little-secret-credits-rug.

 

Furthermore, Aaron-boy's incredulous, all-credit-be-mine-plea to the WGA -- after it was hidden from the "Pre Arbitration Committee" that took away our copyright heritage -- makes one ponder whether 'The Forked Tongue Kid" was either delusionalized on crack and lying at the time, or already hidden in Hazelden Rehab in Minn., where Castle Rock's VP lover-at-law-honchoette, Julia Bingham, Esq.-- FYI: Sorkin's girlfriend/later wife -- fib-pal, Rob Reiner, and cover-up lawyer, Richard Heller, had whisked away the druggie-credit-thief from the looming glare of public scrutiny at the bogus, guild "hearing".

Surely, in light of Sorkin's damning admission of direct access via Redford to the "President Elopes" storyline created by Bill Richert and me in 1982, it's truly vexing that Aaron's revealing letter to the WGA wasn't first vetted through Esq., Heller, who nevertheless denied and/or lied? that his client ever heard of our widowed President story; Heller also testified under oath that Sorkin never read any of the "President Elopes" drafts, and was recovering in the hospital -- "overworked" and "suffering" from exhaustion" after rewriting our script...renaming it "American President".  Wonder how much exertion changing the name of a script takes out of an amoral screenwriter with an immoral heart?

 

We only got access to Sorkin's incriminating sole credit appeal to the WGA seven years after credits administrator Burmester received but never revealed the letter he wrote; or did she -- to her bosses!?

 

Well, did you read it and weep, Ann?, as an indignant Aaron whines that he didn't want to write someone else's story about "a widowed President with a young child in the White House, who is looking for love" -- no sir, says Sorkin: Mr. Redford, lissen up: me-me-and-all-for-me-Aaron wants     to write me-me-own original screenplay about "a widowed President with a young child in the White House, who is looking for love."  Sorkin himself says he took the idea producer/actor, Robert Redford, gave him and only then began to work on revising THE PRESIDENT ELOPES -- which thus obligated Aaron under WGA guidelines to give the original writers credit, even as he denies it!

 

But the WGA has strict, longstanding rules for such situations. This insider credits theft, however, was not at all the "special circumstance" that Sally Burmester fraudulently and misleadingly bannered to the world as the WGA's reason to 'levy' last-writer-in-Sorkin's sole writing credit on "American President".

 

Why didn't the WGAw credit administrators involved follow standard procedures in this infamous case? (might it be because they were Sorkin & Co. ringers)?

 

And how could any writer oppose them, anyway, not knowing who was deciding what or reading what screenplay from the near-dozen who re-wrote the original? As for defending writers: who in the local WGAw would dare intrude on their secret process to ask the WGA credits administrators to follow the laws and award the irreducible story-by credit to the real original creators of the only original screenplay -- President Elopes AKA American President, while S. Burmester, C. Reed, and   Rob Reiner's  conflict of interest writing partner/credits procedure mole, Carl Gottlieb, concealed/      orchestrated the insider scam to give it all up to an admitted, lying, crack-addicted dope fiend?

 

Ann...why, and for what purpose at this point in time and place, would you lower yourself and your hard-won professional credibility to allow the WGAe to be sucked into a possibly ongoing criminal enterprise perpetrated by Sorkin & his RICO-esque rogue's gallery of WGAw cohorts, including Wells, Burmester, Braverman, Reed, Walton, Gottleib, Reiner, Redford, Horn, Heller and mouthpiece Segall?

 

Besides the Sorkin letter to Burmester/WGA, the Castle Rock/Bingham memos, you may want to reflect upon attached AMERICAN SCHOLAR segment on the subject of Sorkin's "stepchild" written by AMERICAN PRESIDENT co-producer, Barbara Maltby, who worked the ten year development of President Elopes for Wildwood. 'Clearly' -- to quote Tony Segall -- the Burmester-Reed-Gottleib credits conspiracy willfully ignored this vital witness' declaration that Sorkin's screenplay is 'clearly' a President Elopes rewrite.

 

And if that's not enough to at least pique your interest in what may very well soon play out to be global exposure of one of the greatest acts of plagiarism-related grand larceny ever, see attached list of PRESIDENT ELOPES scripts presented by the WGAw...that purposely left out a key draft (entitled THE EXECUTIVE WING), which obviously (just read the first ten pages!) became Sorkin's stolen template for "The West Wing".  Then go ask John Wells, Alan Horn, et al, about how this    second Sorkin vulturism of the same "President Elopes" body of work benefited their personal and professional bottom lines. And while you're being given their standard WGAw run-around, you may also want to ask who else is either directly and/or by association guilty... I'll bet anything, including what's left of my sense of humor, it's all of the above individuals and corporate film entities -- and probably others, too -- and nobody at WGAw knows nuttin'.

 

Much more evidence to come...  some only recently discovered   ...that will negate the statute of limitations caveats, which I'm certain most of these mid-nineties credit culprits, known and unknown, are counting on not happening today, or ever -- sorry, all ye out there hiding in plain sight, we're not gonna give an inch this go-around!...not with what's now clearly known about what really happened.

So, in the name of honor and veracity, do the right thing, Ann. All the WGAE writers I've spoken to thus far would be most willing to hold an open credits council to determine the final results. Sounds            a wee bit like democracy, doesn't it? --

 

Listen: in the umbra-hours of justice, when ghosts of writers write, the heartbeat of truth pounds on...

 

Respectively yours;

 

Kyle Morris

 

 

 

Begin forwarded message:

 

From: Kyle Morris <kylemorris@rcn.com>

Date: June 1, 2011 7:27:16 PM EDT

To: aburdick@wgaeast.org

Cc: mwinship@wgaeast.orgbschneider@wgaeast.orglpeterson@wgaeast.orgelevin@wgaeast.orgfcatigbe@wgaeast.org, Stephen Schiff <schiff1@verizon.net>, John Auerbach <jpauerbach@msn.com>, Tony Segall <asegall@wga.org>, Lesley Mackey McCambridge <lmackey@wga.org>, Eric Hughes <Charliemonkey1@aol.com>, Bill Richert <fcbfilms@hotmail.com>

Subject: Fwd: American President AKA President Elopes

 

TO: Ann Burdick

Senior Legal Counsel/WGAE

 

Dear Ann  -- I am forwarding this email chain to you, in hopes that, unlike your colleagues at the WGAW, you can and will be able to answer a rather simple, straightforward question:

 

"What are the appropriate/standard/usual practice WGA procedures -- if any!? -- to remedy an unlawful past arbitration, such as the infamous one in 1995 awarding Aaron Sorkin sole writing credit on "The American President", when newly discovered evidence conclusively proves that the entire credits arbitration procedure was corrupted by collusive acts of fraud?"

 

As you can see, neither Lesley Mackey McCambridge, Esq., Senior Director of Credits & Creative Rights, WGAW, nor Tony Segall, Esq./General Counsel, WGAW seem capable and/or willing to answer my query, which is not going away simply because they choose to ignore it, as well as all of the other questions I have asked, as is my right as a dues paying WGA member.

 

Now, I am asking you, as the Senior Legal Counsel WGAE, if there is such a remedy in any of the written or unwritten WGA Guild Rules to correct an egregious wrongdoing?  And Ann, If you don't know the answer, please just say so...it's okay not to know, but it's not okay to not answer a legitimate member's query if you do know, as fiduciaries who use stonewalling tactics are usually hiding something.

 

Thus, per Mr. Segall's oddly speculative contention that there 'clearly is no new evidence', attached is a letter that WGAE member, Aaron Sorkin, while in the thick of a crack cocaine binge, and under the direction of his dual legal counsel, Richard Heller, Esq (of Frankfurt, Kurnit, Klein & Selz, PC) and Julia Bingham, Esq (Head of Castle Rock Business affairs and later Sorkin's wife) wrote to Sally Burmester, WGAW credits administrator; it speaks for itself from the self-serving perspective of an admitted crack cocaine addict/liar...and the attached is only one piece of newly discovered evidence falling into place.

 

Furthermore, I am also officially requesting that the venue for the investigation and first-time legal review of the fraudulent "pre arbitration" scandal be moved to the East Coast under WGAE jurisdiction, as    John Wells, the current President of the WGAW has a glaringly direct and ongoing conflict of interest in this rapidly heating up "Cold Case" long-time credit dispute by himself being Sorkin's partner in 1999 (and earlier) as he and Sorkin planned the also contested West Wing TV series, which was conceived -- by Aaron Sorkin's own public admission -- during his 'research' of American President AKA President Elopes.

 

Looking forward to your timely response.

 

Respectfully,

 

Kyle Morris

Attached email chain

 

Begin forwarded message:

 

From: "Tony Segall" <asegall@wga.org>

Date: May 23, 2011 2:06:39 PM EDT

To: "Kyle Morris" <kylemorris@rcn.com>

Subject: American President AKA President Elopes

 

Dear Mr. Morris:

 

I received your email.  Clearly there is no new evidence.  This matter will remain closed.

 

Anthony R. Segall

General Counsel

Writers Guild of America, West, Inc.

7000 W. Third St.

Los Angeles, CA 90048-4329

Phone 323.782.4526

Fax 323.782.4801

asegall@wga.org

asegall@rsglabor.com

 

________________________________

 

From: Kyle Morris [mailto:kylemorris@rcn.com]

Sent: Sun 5/22/2011 1:50 PM

To: Lesley Mackey McCambridge

Cc: John Auerbach; Stephen Schiff; Tony Segall

Subject: email chain...American President AKA President Elopes

 

 

     Dear Lesley --

 

 

     Were Alice a member of the WGAW ('W' for Wonderland?), she'd probably exclaim "how curious" to the circuitous way guild members, like me, must travel in a confounding roundabout tunnel of inner circles to get a few straight answers from union headquarter executives, like you, who are supposedly protecting membership interests in a fair, ethical manner; treating all writers equally...not just those with powerful hidden insider friends in high places.

 

     At the very least, Lesley, I expected a forthright reply from you to my credits-related question; namely:

 

     ...What are the appropriate/standard/usual practice WGA procedures -- if any!? -- to remedy an unlawful past arbitration, such as the infamous one in 1995 awarding Aaron Sorkin sole writing credit on The American President , when newly discovered evidence conclusively proves the procedure was corrupted by collusive acts of fraud?

 

     But instead of answering, you chose -- or were you ordered by union executives like David Young and John Wells? -- to deflect and re-direct my inquiry (and my civil rights) along the guild's hierarchal command chain to outside link, Tony Segall, the corporate counsel.  Why, may I ask, did you send my rather straightforward "Emeritus Member" request to your heaviest,      most expensive, lawyer-player-hitter?  -- There's no national security issue at stake, here...or is there?

 

     So, once again, and with all due respect, I ask you: is there a guild due process remedy procedure that would, as in civil court, override the time-related WGA Statue of Limitations and allow for opening a lawful writer's arbitration as opposed to the rigged pre-arbitration hearing that was orchestrated in tight-knit secrecy by the credits administration team of Sally Burmester, Kathy Reed, Carl Gottlieb, et al.

 

     Lesley, as the WGAW Senior Director of Credits & Creative Rights, as you suggested, I would assume you are the guild expert/last word in credit matters.  Are you not?  And was it not you who advocated full disclosure by revealing your superior executive position over credits underling, Ms. Burmester?  In short, why divert me (think illegal diversion by the WGAW of millions of dollars of stolen foreign royalties that should gone to American writers instead of the coffers of the unions and complicit studios) over to this Mr. Segall, who, curiouser and curiouser, and wrongly, has now requested I only communicate with him and no one else about this matter?

 

     Furthermore, what matter, exactly, is the somewhat evasive, uber-counsel talking about, anyway?

 

     How about the immediate, pressing, time-sensitive matter about not answering a simple question?

 

     Mr. Segall, however, apparently wants me to tell him -- in secret, him only, nobody else, no other writers or credit committee members whose duty it is to know --  as is their ultimate responsibility, along with the guild president, executive director and Board of Directors  --  who ALL need to see our newly discovered evidence.

 

     And if by some miracle Mr. Segall is clueless re: what really happened back in the credit-stealing back rooms of WGAW in 1995, perhaps he, as well as you, should go ask your superior, current WGAW President, John Wells, who was back then, and still is now, fellow member, Aaron Cut-&-Paste Sorkin's business partner, as well as the producer of the "West Wing", which even the American Plagiarist and self-described lying crackhead himself has admitted was born of his so-called 'research' on American President AKA President Elopes.

 

     Then again, going to the top WGAW honcho(s) for truth, justice, and The American Way, reminds one of "Absolute Power", "Patriot Games...": there's been a long, honorable tradition of original screenplays written about such Presidential dishonor...

 

     Hey, Lesley, how about a star-studded, high concept for a reality-show-feature-film like the "Social Network", which William Richert and I are developing right now in real time -- even as you are rolling your eyes reading this.  Not to give away the key story elements, especially if Sorkin is still out there truffle-pigging around for another original idea he can claim as his own, we're  thinking of actually casting the real culprits in our caper film about a breathlessly blatant theft of a movie and TV series spinoff.

 

     And in case you're not a SAG member, we can aways Taft-Hartley you. Anyway, this time around, Mr. Richert and I, will make damn sure you and the guild will actually follow your own rules, and at the same time not oppose shedding fresh light on the 1995 circumstances that denied us our rightful screen credits, career opportunities, and filmmaking dreams -- not to mention royalties and residuals vis-a-vis "The American President" AKA "The President Elopes" AKA "The Executive Wing" AKA " The West Wing."

 

 

     Roll Credits: The incestuous Castle Rock crowd -- Rob Reiner -- Director of defending Sorkin's lies; Castle Rock President, Alan Horn, who knowingly leaves the company with a hot, stolen TV series concept to take the helm of Warner Brothers Pictures -- a major beneficiary of the "West Wing"; Screenwriter, A. Sorkin, who thinks other peoples' screenplays are like court transcripts  he feels entitled and coddled enough to cherry-pick i.e., plagiarize at will; Head of Castle Rock Business Affairs, Julia Bingham, Esq., who at the time of the contested "American President" AKA "President Elopes" credit arbitration was having an under-the-covers-affair with Snortin' Sorkin, while also screwing around with Bill and I, but in a far less pleasurable way.

 

 

     Then there's Hollywood golden boy, Sundance Kid, Robert Redford, whose company, Wildwood had been developing "The President Elopes" for years before Bob/God ditched us and The Truth like one of Sorkin's hookers in the night when he, Aaron, and Meathead-Reiner had a 'creative falling out' three months before principal photography was about to begin on Sorkin's drug-fueled rewrite of "The President Elopes" AKA "The American President".  Redford, obviously irked, walked away from the once romantic comedy by taking a concealed $5mm payback as compensation for his decade-year-long development of "The President Elopes".  But what Bob also walked away from -- and is still is ducking to this day -- was his moral and ethical duty to defend the rightful recognition of the writers of the original screenplay.

 

     You see, Lesley, there never was another original screenplay by Aaron Sorkin that merged with ours, as all of the above culprits, and many others, too, all were aware of. There was only "The President Elopes".  And now, at last, we have in lurid, detail how the credit-cards got stacked/shuffled against us.

 

     Come to think about it, maybe Alice's Wonderland is the wrong template, as it implies you could be the Queen when Mr. Segall      is maybe actually the Queen, or even John Wells, making Alice an unsuitable example. Perhaps I should think of a different fairy tale, or -- who knows?  Maybe our new reality show will take its place; is there such a thing as a non-fiction fairy tale under WGA jurisdiction?  Hmmm, perhaps that's an idea worth registering with the WGA -- in order to protect it from being stolen      by its own 'inner circle club'', who then hire themselves to steal all the benefits for themselves...

 

     Nah...nobody would believe a fairy tale like that!

 

     Looking forward to your response to my non-fiction questions in search of real answers --

 

     I remain,

 

     As ever,

 

     Kyle Morris, Member Emeritus,

     "In Good Standing Since 1982"

 

 

 

 

Begin forwarded message:

 

 

 From: "Tony Segall" <asegall@wga.org>

 

 Date: May 10, 2011 4:28:31 PM EDT

 

 To: <kylemorris@rcn.com>

 

 Subject: American President

 

 

 

 Dear Mr. Morris:

 

 Lesley Mackey McCambridge forwarded to me the e-mail chain below.

 

 Your description of the disposition of the New York litigation, which concluded in 2002, is inaccurate in some respects.  Be that as it may, you apparently contend that you now have "new evidence" that bears in some way to the credit determination for American President.  I cannot tell from reading your messages below what that evidence is.  If you wish to tell me, you may do so by return email.

 

 Please direct all of your communications to the Guild about this matter to me.

 

 

 

 Anthony R. Segall

 

 General Counsel

 

 Writers Guild of America, West, Inc.

 

 7000 W. Third St.

 

 Los Angeles, CA  90048-4329

 

 Phone  323.782.4526

 

 Fax  323.782.4801

 

 asegall@wga.org

 

 asegall@rsglabor.com <mailto:asegall@rsgllabor.com>

 

 

 

 From: Kyle Morris [mailto:kylemorris@rcn.com]

 Sent: Wednesday, May 04, 2011 5:36 PM

 To: Lesley Mackey McCambridge

 Cc: Stephen Schiff; John Auerbach

 Subject: Re: Credit Arbitration query

 

 

 

 Dear Lesley -- Thank you for your offer of advice/info/assistance, & and for the full disclosure that you are now Sally Burmester's direct supervisor.  I also am now aware via your credits description that you are an attorney, and therefore well versed in union rules and legal matters, such as:

 

 Fiduciary Duties

 Under Title V, union representatives are obligated to manage union business for the sole benefit of the members. Individuals who violate their fiduciary duty may be sued in federal court.

 

 In full disclosure, I sued Sally Burmester and the WGA in Federal Court in 2002, along with my collaborator, William Richert, over an infamously contentious 1995 credit dispute in which Aaron Sorkin received sole writing credit on the "American President".  This later sequed into Sorkin's sole credit-by credit re: "The West Wing" series.

 

 The judge dismissed our copyright lawsuit on the technicality that we had not proved any misfeasance on the part of the Guild's arbitration process, and Tony Segall, who represented Sally and the WGA, was adamant about the Statue of Limitations and the fact that a person like Sally in her job description was not basically sue-able under federal laws regarding union employees.

 

 However, the Judge did tell us that if we ever discovered any new evidence of union corruption, we could refile the case.  He notably and significantly, since we were up against some of the biggest legal guns Hollywood could trigger, dismissed our lawsuit "without prejudice," allowing us to do just that. In a separate note, he even advised us on how to do this in the future.  That time has come.

 

 From Ferguson v. Writers Guild of America, West:

 

 The scope of judicial review in a particular case, then, is limited to a determination whether there has been a material breach of the terms of the credits manual, which binds the Writers Guild as well as its members

 

 A MATERIAL BREACH IN GUILD LAWS IN 1995 HAS BEEN FOUND AND DOCUMENTED AS OF THIS YEAR.

 

 Furthermore, in contravention of WGA policies, Burmester refused even to list any of her selected judges at the 'pre arbitration special circumstances' hearing on her memos, most significantly leaving out the name of credit arbitrator Carl Gottlieb, a business partner of Rob Reiner -- founder of defendant Castle Rock Pictures, et al.

 

 When Cathy Reed wrote to us that Guild procedures had "worked," she did not disclose that Guild procedures were not followed, and she did not say "why" and "who" benefited "when" or "what" had been deliberately ignored under the aegis and direction of Credits Administrator, Sally Burmester.

 

 My question: is there a mechanism in the WGA credits procedure allowing for an arbitration for credit if such an arbitration is required, but denied for fraudulent reasons?

 

 Surely the Guild can't allow or condone an illegal arbitration process giving the wrong writer credit and resulting accolades and monetary reward for the wrong reasons,     to stand when the evidence demands a genuine arbitration, not a corruption of the entire arbitration process itself, where rightful lawfully-required arbitration is denied.

 

 The courts keep saying the WGA and union arbitrations cannot be overturned, but they were not aware no arbitration ever took place.  Nor were the courts aware of the intimate, collusive connections between union executives/members and studio executives, all of whom benefited and continue to get richer at my and Richert's expense.

 

 I was particularly incensed, to use his words, when Sorkin recently and very publically called me and my collaborator "hacks" and soon-after suggested in a writers'  panel discussion that the "irreducible writer's credit" was illegal -- when in fact it is the primary basis for the entire existence of the Writer's Guild dating back to its foundation.

 

 Lesley, I hope it's in your job description to fight for the rights of writers no matter when they were wronged, especially to see that they get rightful credit under the law.

 

 THEREFORE, AS A MEMBER, I ASK THAT YOU READ ME MY RIGHTS:

 

 Can we request a hearing by the full Credits Committee where we can present our recently discovered evidence?

 

 Is there any provision for revision of equitable tolling/ fraud within the WGA as there is in civil/criminal courts?

 

 If you are Burmester's today superior, who was her supervisor in 1995?  Did she report to the Executive Director like David Young, or to the President, like John Wells?

 

 How can a member obtain access to his/her arbitration file?

 

 Do members of the WGA have the same overall rights as all other union members of sister unions of the AFL-CIO?

 

 Enforcement

 Members who wish to sue union officials for violation of the fiduciary duty provisions must first request that the union itself take action. If the union does not take action within a reasonable period of time, the members may request permission of the court to sue.

 

 Thus, we request the WGA "take action" to exhaust all remedies within the guild, and within your purview, as you are the writers' direct representative in credit issues.

 

 Thanks for your kind and prompt reply,

 

 Sincerely,

 

 

 Kyle Morris

 

 member since 1982

 

 

 

 On Apr 22, 2011, at 2:23 PM, Lesley Mackey McCambridge wrote:

 

 

 Dear Mr. Morris:

 

 I would be more than happy to speak to you and offer what advice, information, and assistance that I can.  By way of full disclosure, please note that I am Sally's direct supervisor, though I may not have been at the time of your arbitration (I've been head of Credits since 2006).

 

 You are correct, however, that there may be time problems with respect to the ability to pursue a remedy, even if the pertinent information only recently came to light.  If the issue is with a signatory company, our statute of limitations within which to file a claim expires four years after the event giving rise to the claim.  If the issue is with Guild staff and the duty of fair representation, I believe (but am not certain) that the statute of limitations is six months after the event giving rise to the claim.

 

 Feel free to either give me a call at 323/782-4528 or send me an email at your convenience.

 

 Sincerely,

 

 

 Lesley Mackey McCambridge, Esq.

 

 Senior Director of Credits & Creative Rights

 

 Writers Guild of America, West, Inc.

 

 

 

 From: Kyle Morris [mailto:kylemorris@rcn.com]

 Sent: Friday, April 22, 2011 11:18 AM

 To: Lesley Mackey McCambridge

 Cc: Stephen Schiff; John Auerbach

 Subject: Fwd: Credit Arbitration query

 

 

 

 Dear Lesley -- Per e-mails below (read in sequence from bottom up), I have been directed to you for expert guidance by Stephen Schiff, co-chairman of the WGA Credits Committee.

 

 Mr. Shchiff directed me to your office after WGAE member John Auerback directed me to him.

 

 Apparently the credits committees on both coasts think you are the "go to" person at the Guild to help a member right a grievous wrong, even one that happened years ago.

 

 As you see from my correspondence with the credits committee, stunning new information has come to the surface showing a fraud in an arbitration I was involved with.  I know there are time limitations in the Guild MBA cncerning overturning or appealing a decision, but there is no mention of what you might call a "cold case" discovery of fraud.

 

 Thus, in light of newly discovered documents/testimony now in hand, please send at your earliest convenience by return email a list of "all the available remedies" afforded to Guild members who wish to present factual evidence of a fraudulent credits arbitration, in order to overturn it.

 

 So that you know where we stand so far, I'm sending along the emails which led me to you as the person who can help.

 

 Sincerely,

 

 

 Kyle Morris

 

 WGAe since 1982

 

 

 

 Begin forwarded message:

 

 

 

 From: Stephen Schiff <schiff1@verizon.net>

 

 Date: April 20, 2011 6:20:34 PM EDT

 

 To: Kyle Morris <kylemorris@rcn.com>

 

 Cc: John Auerbach <jpauerbach@msn.com>

 

 Subject: Re: Credit Arbitration query

 

 

 

 John Wells doesn't strike me as a likely avenue for you. Try Lesley Mackey McCambridge. She will at least know what all the available remedies are. Good luck.

 

 On 4/20/2011 5:57 PM, Kyle Morris wrote:

 

 

 

   Hi Stephen -- thank you for the prompt response.

 

   As per your suggestion to contact Sally Burmester/Lesley Mackey McCambridge, I'm somewhat vexed, for as WGAW employees, I don't believe they have executive authority to address serious legal/procedural issues, such as those mentioned in my last email. And if I'm not mistaken, Ms Burmester administrated the decision that stripped me of my credit...no sense approaching those who may have been party to a fraud for its remedy.

 

   What about current WGAW President/John Wells, who was a Guild Board Member, as well as also possibly on the Credits Committee (maybe even a co-chairman such as yourself) at the time?

 

   Awaiting once more your much appreciated guidance... Kyle Morris

 

 

 

  On Apr 20, 2011, at 12:46 AM, Stephen Schiff wrote:

 

 

 

  Dear Kyle Morris,

 

  No, the rules are the same for both guilds. If your arbitration was done at the WGAW, I suggest you contact their credits staff - either Sally Burmester or Lesley Mackey McCambridge - and find out whether any further remedies are available to you.

 

  Good luck!

  Sincerely,

  Stephen Schiff

 

  On 4/19/2011 1:11 AM, Kyle Morris wrote:

 

  Dear Stephen Schiff,

 

  Our mutual friend and colleague, John Auerbach, suggested you might be the right man to ask about what guild procedures are available in order for members to redress wrongful acts within the credit system, as happened to me over a decade ago during a credit arbitration process I have only recently discovered (via a highly credible WGAW source) was corrupted by improper procedure, false testimony, suppression of key evidence by union trustees, insider conflicts of interest, et al.

 

  The question: Is there a formal procedure I must follow to request/demand a guild hearing to present documents/testimony/evidence that might lead to the reexamination and reversal of a fraudulent credit arbitration, in which the rightful credits of me and my writing partner were willfully and wrongfully denied us as the first screenwriters of an original script that eventually became both a major motion picture and later a hugely successful television series derived from the same project?

 

  Also, are there different credit arbitration/remedy rules for WGAw and WGAe members?

 

  Many thanks for your reply...

 

 

  Sincerely,

 

 

 

  Kyle Morris

 

  WGAE member since 1982

 

        

 

 

 

 

 

 

 

 

 

RICHERT V. REDFORD

 

REDFORD WRONG RIGHTED WHILE REDFORD STILL ALIVE

 

Dear Robert,

 

Henceforth when our names are mentioned together, it's liable to be me who gets the honorable mention.  

 

The five million you and your associates took from Aaron Sorkin's employer when you sold the copyright to THE PRESIDENT ELOPES was a writer's blood money, as you well know.  Not only that, but you sold out cheap, since THE WEST WING has made rich men out of the other thieves.

 

It remains an open secret that Aaron Sorkin was actually re-writing my script, not his own "separate and original," when you left the film directed by Rob Reiner, who is also part of the group that paid you for the original and subsequent drafts of my screenplay, which included the template for THE WEST WING called THE EXECUTIVE WING, which I once read to you out loud in Manhattan; syllable by syllable, word by word.

 

You cannot have missed the brouhaha in VARIETY and the LA TIMES and NY TIMES about the credit arbitration of THE AMERICAN PRESIDENT in 1995.  After all, your production company got credit on the movie, as did your producer, Barbara Maltby, who even wrote an article about it, admitting to receiving $125,000 in salary.   

 

You, however, were "not available for comment."

 

In her article for THE AMERICAN SCHOLAR your associate producer wrote that she'd never heard of Sorkin?s script until it "showed like a stepchild up to claim the inheritance."  She stated that the only movie she worked on was THE PRESIDENT ELOPES, for which you and Wildwood and Universal controlled the copyright.

 

You only need read the dates that Sorkin put on his submitted scripts, match the dates with your payment, and you may recall the series of secret contracts that led directly to your bank account.

 

Not only were my collaborator Kyle Morris and I denied any rightful credit for the movie that resulted from your sale of my original copyright, we were not able to derive any feeling of success at having scored $5,000,000 for the rights to our original screenplay and my later revisions.

 

Five million is a historical high for an original script in Hollywood -- until one considers Alan Horn said his company bought the screenplay "to freely pursue the concept" -- meaning the original concept for using the White House Staff as the basis for THE WEST WING.  Surely Mr. Horn knows that the "concept" is what makes a screenplay a screenplay and not, say, a fish.  My screenplay and Sorkin's were always the same, dating back to the Disney original, and you knew it and know it today.

 

In all these events, my collaborator Kyle Morris and I didn't even get bragging rights, let alone a piece of your action.  The screenplays themselves have been consigned to perpetual darkness, somewhere in a file at Castle Rock, unproduced, unrealized, yet representing many years of labor.

 

With your complete and complicit knowledge of the true creators of THE AMERICAN PRESIDENT and later THE WEST WING, your silence all these years is both conspiratorial and criminal, because of the dollar amounts involved and the pain caused to my original writing partner and me.

 

In the ensuing decade, you have had countless opportunities to stand up for the two writers you know created the film and the basis for the series, but you declined, no doubt feeling the debt you owed Sorkin and the others who paid you so much cash.

 

Five million buys a lot of silence.

 

Once, long ago, when I showed two of my films at Sundance, I watched you chase down and subdue a riderless horse, Redford-like, and this forthright kind of bravery represented my view of your abilities, and led to your being first choice for President in my script, which at that time just an outline on a piece of paper.  Now many years have passed.  In that November 2, 1995 VARIETY which said that Castle Rock took over stewardship of the film as you quit just 6 weeks before shooting -- once again meaning that the screenplay was the same in both instances -- the article continued that "Redford could not be reached for comment."

 

Variety quoted a senior studio executive as saying Universal pictures would have a case for theft if they were not included in the deal, which they were; but I had no case because you sold out my copyright, and I was subjected to the crooked machinations at the WGA, and the false accusations of Alan Horn.  

 

Your silence was a critical decision not to act in my behalf, and thereby to conceal the true facts in the case.  

 

I was wrong about your ethics, Bob. It may be disheartening to acknowledge that my estimation of the Sundance Kid has sunk so low on the horizon, but then the kid was always just a bandit.

 

Academy-award winner (and "Studio 60" guest star) Akiva Goldsman told me on the set of THE CLIENT that his buddy Aaron Sorkin was worried he might not get a credit "of any kind" on THE AMERICAN PRESIDENT because he hadn't re-written the 60 per cent required for such a credit.

 

Alan Horn, in a letter he sent to the press and fellow writers, along with officials at the WGA including Sally Burmester, stated boldly:

 

"Aaron Sorkin and Rob Reiner are not lairs"  -- however, Aaron Sorkin himself said that he lied the entire year he worked on THE AMERICAN PRESIDENT, including the time he was working with you, while Rob Reiner tried to get him in rehab and lied about that too.

 

QUOTING ALAN HORN: "A panel of WGA arbitrators read every piece of your material, all the re-writers, and Aaron Sorkin's, and came to the conclusion that Aaron's work was SO different -- you and Ms Maltby to the contrary  -- that Aaron was entitled to the sole 'written by' credit. "

 

Complete falsehood.  In 2005, I videotaped a totally different statement from Sally Burmester in her deposition in another case in which she stated that no expert readers had ever looked at our scripts (she is constantly sued by screenwriters.)  Ms. Burmester (along with you) was among those Horn copied on his letter to me.  Natually she knew that no writers had compared the screenplays, but she conspired with you and Horn and kept quiet.

 

Thus Alan Horn either lied or was lied to by the writer's guild; in any case, Horn is now the COO of Warner Brothers, maker of THE WEST WING, where he shares profits with with John Wells, who was Sally Burmester's boss at the WGA during the non-occuring "arbitration.

 

Sorkin got his credit illegally, and he prevailed because of your critical failure to act.  Helped by 17 other writers, Sorkin kept his deceit going for years, until he washed his hands of his borrowed and occupied President replacing him with John Goodman to the chagrin of millions of fans.  Sorkin's is a crime against art, too, which only an impostor would commit. The true creators would not have done that.

 

As you may expect, there is about to be a notable courtroom expose regarding a robbed writer who, along with his collaborator, intends to get his property back, along with his rightful credit and copyright.  

 

Years ago we sued in the NY Federal courts, but the suit was thrown out because of the statute of limitations regarding lawsuits against unions, which is 60 days.  But this statute doesn't apply to corporate fraud and conspiracy.

 

Now the feds are involved, charges prepared, and the statute of limitations put down.

 

By terms of our Wildwood/Universal contract, you owe me the minimum $400,000 for sole credit on the screenplay, as well as the profit participation and fines due my co-writer and me for "created by" credit on THE WEST WING, which Sorkin told the New York Times and others was put together from his work on THE AMERICAN PRESIDENT.

 

Realistically, I doubt you'll be honoring the terms of our original contract since that inexorably leads to legal claims for the full 700 million ($700,000,000) or more that the series may earn in syndication.

 

I also request a public apology to me and my original writing partner, Kyle Morris, for the hardship and humiliation we endured as a result of your cover-up.  Recent medical studies demonstrate that extreme unfairness can lead to heart attacks, and Mr. Morris had one.

 

In fact, you may also owe an apology to the entire nation. As suggested in the letter I wrote to Slate and others on the subject of plagiarism, part of the pamphlet to accompany this letter to you, the impostor/plagiarist Sorkin created a fictional President who may have rippled a backlash that led directly to the election of G. W. Bush.  Such is the stratum of possibility that writers create, and achieve.  What an ironic and truly amazing outcome of a well-intended story that became subject to colossal betrayal to a whole generation.

 

Meanwhile, as the various lawsuits against the WGA and its officers -- including its own legal counsel -- arrive at courtrooms in LA County, the staff at he WGAw has begun imploding; long hidden evidence is how in the hands of authorities; documents are being emailed and posted (like this one.)

 

ALL THE PRESIDENTS MEN

 

I promise and foresee that you and all those who allowed this robbery to occur will go down the same drain, like insects, caught in the coming whirlpool funneled by the outrage of thousands of union members who've been ripped off by their stealing leaders, as evidenced in RICHERT V. WGA, presently heading towards a historic trial.

 

It is my understanding that the criminal divisions of at least 3 federal agencies are proceeding apace to review all documents, memos, contracts and correspondence from the WGA and the Studios, including Castle Rock and Wildwood.

 

Carl Gottlieb, John Wells, Sally Burmeter, Cathy Reed, Julia Bingham (who you must have known, as everybody else did, was having a torrid affair with Sorkin at the time she put his name forth as sole screenwriter on her company letterhead); Alan Horn, Rob Reiner, Aaron Sorkin -- these names are among the many who knew there never was another screenplay but THE AMERICAN PRESIDENT AKA THE PRESIDENT ELOPES, as Ms. Bingham herself referred to the movie again and again.

 

FOR WHOM THE BELL TOLLS

 

The hope and aim of our original screenplay was to present to the public the story of a plain-dealing and honest leader, a President who put heartfelt and enduring principles above self-interest.

 

In a public wearied and weakened by mendacious leaders, I doubt there will be too much mercy for a self-proclaimed protector and helper of writers, the hypocritical Founder of Sundance and the Sundance Channel, who is really just a big fat cowardly Hollywood sellout.

 

It is a paradox that history may ultimately remember the ?virtuous? Robert Redford for the devilish deal he made with Aaron Sorkin.  

 

 

Sincerely,

 

 

William Richert

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                         

This letter was written in 2004 before recent discovery in 2014 of new evidence relating to William Richert's Execitive Wing that this major screenplay which was never given to the WGA by Robert Redford.

  • b-facebook
  • Twitter Round
  • b-googleplus

From: fcbfilms@hotmail.com
To: wcapplegate@aol.com; antkaufman@gmail.com; alhayes@the-machine.net; hydepark@mindspring.com; nkurtz@jjllplaw.com; angelsamongus12@gmail.com; stefan@stefanavalos.com; tubower@msn.com; reelmovies@aol.com; brandonctolman@mac.com; barrygermansky@yahoo.ca; thecolonel@vbbn.com; belindabauer@me.com; rbonsignore@aol.com; bsterling@rcn.com; nbrown@jjllplaw.com; codereddvd@yahoo.com; erboyle@aol.com; ebarton@wcllp.com; peter.bart@variety.com; ninsky13@hotmail.com; ceallen@compass1.com; jimmyfingers@oceanfree.net; stymeekatt@msn.com; dcs@sernalaw.com; jcoffee@law.columbia.edu; k_r_craft@sky.com; dennishayden@hotmail.com; dave.mcnary@variety.com; designmanager@yahoo.com; morin@pmplaw.com; dje@evanslaw.net; rapunzelinnewyork@gmail.com; dkholm@mac.com; daj@digitaleconomics.com; deadlinehollywood@gmail.com; dimitra.ekmektsis@gmail.com; evanferrante@gmail.com; erin2535@mchsi.com; etude-piletta-zanin@vtx.ch; sfoundas@filmlinc.com; joel@grossmanmediation.com; llbengr@aol.com; mgrenadier@gmail.com; patrick.goldstein@latimes.com; hrm@hrmatlencpa.com; hmatsco@aol.com; prayharper@gmail.com; ialwayswinfilms@gmail.com; johnleo9@aol.com; j.sh@verizon.net; jdunno@gmail.com; njohnson@jjllplaw.com; jwinikow@yahoo.com; kylemorris@rcn.com
Subject: Letter to Judge in Writers' Class Action
Date: Tue, 7 Aug 2012 04:21:52 +0000


 

DEAR MEMBERS OF THE AMERICAN WRITER, DIRECTOR AND ACTOR CLASS ACTIONS OF 2012:

 

ALLOW ME TO INTRODUCE MYSELF:

 

I am the lead plaintiff in the class action lawsuit WILLIAM RICHERT vs. WRITER’S GUILD OF AMERICA et. al. (BC339972) with related cases against the Director’s union and Screen Actor’s union – three largely unknown lawsuits about “foreign levies” which have been adjudicated in the Los Angeles Superior Court.

 

The cases are “settled” according to the parties signed agreements, but the truth is they are not settled, they are on fire, smoking and roiling with sealed-up falsehoods and deceit and false accountings.

 

The outcome of these lawsuits now being re-examined in the LA SUPERIOR COURT will affect the credits and pocketbooks of virtually every American writer, actor, director, porn star and documentary maker – union or free lancer -- who may have sold movies or videos overseas in the past 30 years OR who may sell their works in other countries in the future, where they will collect what are called “foreign levies.”

 

These “foreign levies,” are like royalties mandated by the state, tiny taxes on sales of media meant to benefit the artist. They were enacted by European legislatures to help writers and actors and artists who otherwise might receive nothing from the corporations who made or distributed their films/performances.  For some, the money amounts are enormous.

 

In the decades-old scheme, billions of dollars have been collected and divided – in secret – by the WGA, DGA, SAG and 11 members of the MPAA.  The method behind the split between unions and studios, money collected for actors and writers both inside and outside of unions, who worked independently or worked for studios, was first concocted by WGA Secretary-Treasurer Carl Gottlieb in the early 90’s.

 

Since then, millions have “disappeared,” unaccounted-for -- according to sworn testimony by paid-off whistleblowers, and the hidden studio-union agreements remained unknown to almost any union or non union American artist until our seminal class action lawsuit was filed against the WGAw in 2005.  It is now 2012, and there is still no accounting.

 

Using evidence from the WGA lawsuit, the same LA contingency lawyers quickly filed two more lawsuits against the SAG and DGA unions, dating back to 2007.

 

But all three of the settlements are in breach, clearly in breach, and the lawyers for all sides keep stonewalling year after year, to wear down any opposition, to protect attorney interests along with the interests of the unions’ Board of Directors and studio bosses alike; everybody working together to hold up the walls against the truth, now crumbling down on them.

 

The fiduciary obligations of the unions’ Board of Directors are to their membership.  I am sure that just about 100% of the dues-paying members of these “sister” unions would not want to be responsible for taking money from non-members if they knew about it, and would hold their officers directly responsible for immediate, transparent accountings and interest on their own money, too.

 

There is a hearing coming up on August 9, at the LA SUPERIOR COURT -- 600 Commonwealth Avenue, LA, Department 311, Judge Wiley, 9:30AM -- but if it’s like the other hearings, the majority media will ignore it.  No wonder:  the unions represent all actors and writers and broadcasters on cable and TV, and the networks and studios are owned by the very same major corporations who are tainted and caught by these decades-long thefts.

 

As the money appears to have vanished from the various unions’ domestic bank accounts, it may be the studio for-profit corporations that will finally have to pay up for the non-profit union corporations, as only they have the billions due.

 

I am a formerly reclusive writer/director/actor wrought up in this because I believed the quest of the lawsuit was genuine and was told thousands were signing on the suit along with me.  I found out I was lead plaintiff from the NY Times, and up to now I’ve been the only writer among the named plaintiffs. Maybe in the future many more  will join to demand fair representation and justice in court.  You can read more at my blog (partly constructed) at williamrichert.blogspot or at my work in progress website williamrichert.com. email:  richertwilliam@mac.com

From:

 

LEAD PLAINTIFF WILLIAM RICHERT,

WILLIAM RICHERT VS

WRITERS GUILD OF AMERICA, et. al.

richertwilliam@mac.com

 

 

                           SUPERIOR COURT OF THE STATE OF CALIFORNIA

                        COUNTY OF LOS ANGELES – CENTRAL CIVIL WEST

 

                                                                                                                                                        CASE NO:  BC339972

 

DECLARATION OF WILLIAM RICHERT -  PLAINTIFF’S OPPOSITON TO ATTORNEY’S MOTION FOR ADDITIONAL FEES

 

Hearing:

Date:       August 9, 2012

Time:      9:30 AM

Place:      Dept 311

 

Action filed:  Sept. 16, 2005

 

 

JULY 27, 2012

 

TO:  ATTORNEYS FOR DEFENDANT AND PLAINTIFF

 

 

HONORABLE JOHN SHEPARD WILEY JR.

DEPT 311

LA SUPERIOR COURT

600 Commonwealth Avenue

Los Angeles, California

 

via email and Hand Delivery

 

cc: "All American writers" represented in this lawsuit.

 

cc: Counsel Neville Johnson & Paul Kiesel for Plaintiff and Tony Segall for WGAw

 

RE: CLASS REPRESENTATIVE WILLIAM RICHERT RESPECTFULLY ASKS COURT TO DENY COUNSEL'S MOTION FOR ADDITIONAL FEES.

 

REQUESTS LAWYER'S NEWEST FUNDS BE HELD FOR CLASS TO PAY FOR NEW ACCOUNTING/REVIEW AND INDEPENDENT COUNSEL OVERSIGHT IN BREACHED SETTLEMENT.

 

 

Dear Judge Wiley,

 

Your honor, as you know I am the Lead Plaintiff in a class action lawsuit filed on behalf of non-union free American writers against the Writer's Guild of America, Inc., a non-profit corporation.

 

During the course of this 7-year litigation I have become the certified representative for both union and non-union writers in tiny towns and places all across America.

 

I also came to represent all 19,500 WGA members who today find themselves bound "forever" to the settlement terms because I was falsely presented to the courts as a member "Emeritus In Arrears," a category invented for me by the union, which I never was.

 

There is no other writer among the named plaintiffs.

 

I am duty bound by Congressional mandate to act as "Citizens Attorney General" for each and every one of my class.

 

Ethically, I must inform the court about matters that have not been presented to the Judge: willful, serious omissions that deserve the court's attention and remedies:

 

1.)            ON JANUARY 10 2012 Defendant WGAw corporation and its Board of Directors misled Judge West in Dept. 311 by saying there was an acceptable audit in settlement, placed on the wga.org website. Our lawyers did not tell the Judge that the auditors themselves say the website document is NOT AN AUDIT, and cannot be used by anybody except the WGA itself, thus deceiving the court and writer class into believing the lawsuit is satisfied. Both the writer’s class counsel and defendant’s counsel put forth this audit knowing it was not an audit and could not be used as an audit.

 

2.)            Significantly, and only just discovered in DGA documents, a new “second set of books” has been disclosed, pinpointing yearly audits of foreign levies for WGA, SAG and DGA along with the MPAA studios dating back to 2006.  It appears that throughout all these years of courtroom litigation for an audit, the guilds and attorneys concealed he existence of an annual ongoing $70,558 PKF "Tri Guild Audit", an audit paid for by the studios which might provide startling new evidence of actual amounts involved in the lawsuits, an audit of the money belonging to the writer class that the class deserves to examine since the only audit given after all these yeas is a NOT AUDIT and can't be used as an accounting for the millions "disappeared.”

 

3.)            The annual "review" on the WGAw website is also bogus and consists of only one page, and the small print states, brazenly and unbelievably, that the audit is taken from the same KMPG numbers provided entirely by the same WGA people accused of embezzlement; thus in no way can this one page document be used to verify class accounting demands under the settlement.

 

4.)            In the May 16 hearing Neville Johnson revealed for the first time that the foreign levy amount collected by the WGAw actually 200 million, or almost twice the 104 million the union told the courts and Variety and the class.

 

5.)            In post-settlement documents the WGA has revealed that 9,360 writers received the just acknowledged 200 million, but offers no proof at all that this happened, how the money was divided, not a single cancelled check.

 

6.)            Though they were told repeatedly from the bench by Judge West to provide accounting documents and correspondence to the Lead Plaintiff for the class, Neville Johnson and Paul Kiesel and Don Jasko refused, excluding American writers from their lawsuit almost entirely.

 

7.)            The court should not allow Mr. Johnson again to substitute any non-writer for the position of Lead Plaintiff for “all American writers,” as he and Tony Segall attempted to substitute into the case the daughter of non-writer Pearl Retchin, a class plaintiff who was dead for a year before the court was told.

 

8.)            As Lead Plaintiff in the case I still have not been provided any accounting at all, and have not been paid the minimum $75,000 owed to me (CAFA) against an estimated $233,000 lost as a result of the embezzlements.  My attorney Paul Kiesl told me that my checks from the WGA would be used as the basis for an in-depth accounting that would apply to all the class. This accounting could be compared to the DGA and SAG accountings for my films throughout all three unions. I relied on Mr. Kiesl’s expertise, as he gives lectures on class actions to LA Superior Court Judges, is a Co Chair of the California Bar and provides ample expertise on class actions procedures. Mr. Kiesl sat with me for three days, during which time he explained in front of witness how Lead Plaintiffs accountings are templates for the class. Because of his promise of a fair and understandable audit, given in front of witnesses, provided with court-sanctioned expert opinion I signed the settlement agreement for the class.

 

9.)            I have been retaliated against by both the WGAw Executives and Board in false statements to their membership, and by my own lawyers, who filed vexatious tax reports that got me in trouble with the IRS. In his Oct 3 2011 hearing Judge West admonished the WGA to quit any harm to the writer's plaintiff, but my lawyers ignored him and did nothing about it and the WGA harassing behavior continues online.

 

“THE COURT:  YOU KNOW, THERE’S A LOT OF MYSTERY GOING ON HERE.   AND WE ALL OUGHT TO BE AWARE THAT I’VE GOT SOME CONCERNS.  AND I WANT TO HEAR FROM MR. RICHERT ON THIS ISSUE.” – Judge Carl J. West, May 21, 2008

 

Your honor, I declare that if the DGA's accounting is "laughable," the WGA brings down the house with its claim that its Board of Directors spent approximately 35 million in "administrative fees” etc., – not to mention attorney and whistle blower fees – an amount exceeding the entire WGAw yearly budget --  to distribute non-union and union foreign levies – not a penny of which belonged to them -- when they were unable to account for any of it until the appearance a “not audit” audit, accompanied by the equally sudden appearance of 200 million after the recent sudden appearance of 104 million -- and all of it a fraction of what actually was collected by unions divided with the studios -- is pure bunk. WGA corruption exposer Eric Hughes’ documents, and Teri Mial’s paid-off employee Whistle blower testimony, show all the accounts to be false.

 

Therefore, on behalf of the class I represent, I seek a decree that shifts the funds for future attorneys fees to a general fund for the class of writers I represent, so the just-discovered "Tri Guild" accountings can be examined, and new attorneys can be hired to look at the entirety of this settlement action and its aftermath in your courtroom.

 

Because of these post-settlement revelations, an outside accounting is in the interest of fairness to the millions owed by law to the authors and screenwriters of the 102,00 "titles" the WGA claims to have collected money for, and split with the DGA and studios.

 

With these revelations since Judge West retired, we discover a large number of artists in plaintiff classes, with the guilds owing money to 102,000 writers and 102,000 directors of those titles and the 500,000 or more actors in the related SAG case; they say they paid it, but as Mr. Hughes puts it, there is “not a shred of evidence.”  -- But sworn evidence of plenty of shredding.

 

 

 

“THE COURT:  THE UNDERLYING GOAL OF THIS SETTLEMENT AND THE COURT’S DETERMINATION THAT IT WAS A FAIR AND REASONBLE SETTLEMENT ON BEHALF OF THE CLASS OF PEOPLE WHO WERE CERTIFIED FOR SETTLEMENT PURPOSES AND WHO ARE BENEFITTING FROM THIS SETTLEMENT:  IS THAT THERE WOULD BE A MORE TRANSPARENT AND OPEN ACCOUNTING OF COLLECTIONS AND DISTRIBUTIONS.”  Judge Carl J. West, Dept 311, Jan 10, 2012

 

 

As "Citizen Attorney General" for my class of American writers, I plead that your honor will assist this plaintiff by enacting the following motions in the interests of fairness, justice and transparency:

 

MOTION TO DENY ATTORNEY FEES TO CLASS LAWYERS in the August 9, 2012 hearing until the court is satisfied the writer class plaintiff has funds to hire a lawyer equal to the super-lawyers so the writer-plaintiff can adequately defend the class against further theft, "Both federal and California courts have held that, when the ethical violation in question is a conflict of interest between the attorney and the client, the appropriate fee for the attorney in question is zero." -- letter to Judge Highberger re fraud on LA Superior court.

 

 

MOTION TO COMPEL DEFENDANT DGA, ITS CFO AND PRESIDENT AND BOARD OF DIRECTORS TO PROVIDE ALL PKF STUDIO AUDITS IN ITS POSSESSION RELATING TO THE WGAW FOREIGN LEVY LAWSUIT, INCLUDING AUDIT OF WITH MAJOR STUDIOS TO VERIFY AMOUNTS. The class should not be the out and out loser in a class action if the action has merit and is sound. The class is entitled to simple transparency in all audits which relate to money which was collected illegally for thousands of unsuspecting free writers and writers not hired by studios. It is in the most urgent interest of the class to know how much of their money was given to the studios, and to each of the unions, and how much actually received from this settlement.

 

MOTION FOR WRIT OF MANDATE TO COMPEL WGA TO PROVIDE WRITER CLASS COPIES OF WGAW"TRI STATE" AUDITS SHOWING WHERE THE FOREIGN LEVY MONEY DISAPPEARED. The settlements do not release claims against the WGAw for splitting with studios outside the collective bargaining agreement; the settlements do not settle any future claims from non-union American actors OR union American directors. The Board of Directors are basically withholding evidence.

 

MOTION TO COMPEL COPIES OF DOCUMENTS, ACCOUNTINGS AND EMAILS BETWEEN CONSULTANT DONALD JASKO AND WGAW et. al. CFO DON GOR BE GIVEN TO THE WRITER CLASS. Donald Jasko asked me specifically for copies of checks I got from the WGA that did not match the DGA; I did not know it was just to keep me quiet, and he had no intention of using them.

 

MOTION TO COMPEL ACCOUNTING FOR LEAD PLAINTIFF WILLIAM RICHERT AS TEMPLATE FOR THE CLASS, AS PROMISED by counsel Paul Kiesl before signing the settlement, specifically the titles “Law and Disorder,” “The Happy Hooker,” “Success,” “Winter Kills,” and “The Night in the Life of Jimmy Reardon,” “The Man In The Iron Mask,” years 1974-2012.

 

MOTION TO COMPEL WGAw to provide copies of its settlement documents to states attorneys-general and Federal authorities as provided by law, since the affected are from all states.

 

MOTION TO DEMAND NEVILLE JOHNSON AND WGAW CEASE RETALIATION AGAINST NAMED PLAINTIFF, as the WGAw puts false statements about me on its website and to letters to its members, and Neville Johnson purposefully filed misleading tax information to the IRS causing me tax burdens. No class representative should have to fear retribution or bad-mouthing from the defendant or his own lawyers.

 

I have been threatened to be dumped roadside, and blacklisted, and other things during this confrontational litigation with my former union, who claim I am a member when they need the association and then deny it in emails to their members when they don't.

 

                                BACKGROUND AND AUTHORITY

 

 

Neville Johnson told the LA Daily Journal that he was the mastermind of the “3 sister” foreign levy lawsuits in 2005, drawing upon his existing clients as Lead Plaintiffs.

 

I was such a client at the time, with my jury award the highest he ever got, almost 15 million. Mr. Johnson knew I’d publicly stated that the WGAw was corrupt from having my credit for THE AMERICAN PRESIDENT/WEST WING given to another writer without due process or transparency just the way Mr. Johnson described the way the guild concealed millions in undistributed funds for unnamed non-union writers the guild divided with the studios in a long-running kind of mutual extortion.

 

The real force behind Neville Johnson's lawsuits was Eric Hughes, screenwriter of "Against All Odds" and "White Knights."  It was Eric Hughes, WGA presidential candidate running against corrupt credit arbitration in the WGA, who obtained insider documents from whistle blower Teri Mial, paid six-figures herself to keep quiet in this lawsuit.  And it was Eric Hughes who introduced Mial to Mr. Johnson, and who showed Mr. Johnson, along with me and other prominent journalists, just what the corruption looked like on paper.

 

Mr. Johnson was essentially a copyist of Mr. Hughes' written allegations used by his firm Johnson & Rishwain for their original complaints of fraud and other things against all three Hollywood “labor” guilds.

 

We ask the court to demand that documents held by Mr. Hughes be given to the class. Mr. Hughes owes it to the writers, actors and directors to provide copies of evidence that rightfully belongs to them, and which can eliminate instantly, with publication of names and amounts, all doubt about who did what, and can provide immediate finality to this class litigation. 

 

However, far more significant to this breached settlement, a game changer, is the discovery from new statements by the DGA that the unions and studios have actually been covertly doing audits all this time.  This means that all during years of lengthy courtroom hearings for the DGA, WGA and SAG since the lawsuit was filed in 2005, the lawyers kept quiet.  Now we see proof positive how all foreign levies were all audited by the studios and themselves since maybe as early as 2003 in what the CFO of the DGA calls "Tri Guild Foreign Levy Audits." 

 

It would be a public sham to continue hearings in court to get something already got.

 

It is iconic misdirection among 19+ lawyers for the unions who appeared for these guilds in court during the past 7 years and never mentioned they already had what the class was looking for:  an audit; evidence of a billion-dollar secret royalty split between the unions and studios approved by nobody among the free Americans in my class, whose money it actually was/is, and who could use it today.

 

BIG STORY, BIG PLAYERS

 

This could only happen in Hollywood, where a whisper can sink a ship of a career.  Where unions have meetings with both writers and young video dancers with teamsters in tow.  Intimidation is rampant, your honor should know.

 

Once I discovered Mr. Johnson, and next Mr. Keisl, were ready to sell out the rights of American writers for their personal and corporate profits, that they were essentially profiteering on Superior Court litigation without regard for the greater long term rights of the writers who are their clients, I became in direct conflict with my lawyers while standing in place as lead plaintiff, and I am standing still, for I have not surrendered the original goal of the case: a true accounting and payout and end to unethical behavior.

 

I attach a "disappeared" check signed by Patric Verrone made out to the poet Bukowski, a fellow class member.

 

Mr. Johnson tells each judge about how weak and unorganized our related cases for writers, directors and actors are; tells each judge he/she is our only hope, but that's because Neville Johnson is not doing his job, as it is not the Judge's job to act as advocate for the lawyer's underdog in a lawsuit.

 

The lawyers for both sides in this case purport to represent writers and artists, but none of them really do.

 

The true facts and true movers have been concealed from Dept. 311, from both you and Judge West before you, and Judge Morrow before that in Federal court.

 

The court transcript of January 10, before he retired, shows Judge West believed both sides when he was told an "audit" had been placed on the WGAw website. His sudden retirement meant he never saw the one page NOT AN AUDIT that Mr. Johnson and Mr. Kiesel and Mr. Segall told him gave settlement finality to the RICHERT VS. WGAw lawsuit.

 

At Judge West’s last hearing in Dept. 311, January 10, 2012, which I couldn’t attend because I wasn’t told about it, Judge West did say to Messrs. Johnson and Schecter: "I don't want the two of you in front of me any more. It doesn't do any good,” and “I know enough to be dangerous.”

 

Judge West said if it had his name on it, "it has to be right."

 

Before telling Judge West the audit was on the WGAw website, Neville Johnson claimed that the settlement was in material breach; only a large payment to Donald Jasko changed that, along with fees yet to be paid to Neville Johnson.  But for these payments, the settlement is still in breach.

 

I don't claim copyright but my name is on this lawsuit and I've known some great writers who deserve my sticking to our rights, even if I am threatened with expulsion from the writer's lawsuit in favor of lawyers. A case brought on behalf of writers should have a writer in it.

 

SOLIDARITY OF CORRUPTION

 

It is absurd to have the accused corporation offer its own accounting without strict oversight, or any oversight. Having the WGAw review its own review is like a joke; a "Not Audit" is not acceptable to settle a lawsuit except for suckers, and putting numbers from a "not audit" up on the wga.org website as an "one-time review" with an “annual review” consisting of 3 lines is offensive and insulting to my class.

 

I still have not gotten any form of accounting for my own foreign levies owed and interest bearing dating back to 1974. Please show us the stubbs.

 

Besides being useless to the class, the accounting is AICA, not GAAP; another breach.

 

ACCOUNTING NOT PERFORMED ACCORDING TO GENERAL ACCOUNTING PRINCIPLES AS REQUIRED IN SETTLEMENT

 

The startling figure 200 million entered into the record by Neville Johnson is double what was reported only months ago by the WGA to Variety.  Where’d it come from?  We need to know, your honor.

 

Now suddenly, the WGAw says it paid out 21 million dollars to its members/non members in the single year 2011. This single amount is 20% of what the union claims to have paid out over the past 20 years -- and this year the lowest in DVD sales since the past decade or so -- how does this add up?

 

In fact, the WGA claims it collected 85 million dollars plus 1,323,149 “interest/income” for members and free writers nationwide since 2007, more than in all the years from 1992-2007, when DVD sales were ballooning.

 

WGAw Board claims it distributed 21 million to members this year.  In the past 20 years they charged 35+ million in “fees” to do all this “administration,” but cannot produce a single canceled check in evidence.

 

How can the WGAw charge its members roughly one-quarter of what it collected for "administrative" fees when it can't show it administered anything, when it has to hire an outside firm for an audit amazingly limited and confined to numbers only they offer, and nothing more?

 

How can the lawyers from several firms keep billing the same writers in all cases millions in fees without producing a single accounting of merit?  In fact, hiding the audit that really does exist.

 

In the hearing before you on May 16 in Dept 311, where this case has been for years, the WGA counsel is silent when Neville Johnson suddenly pops up with an extra 100 million.

 

The Lead Plaintiff is obliged to protest. The court should look at the 2007 WGAw accounting, given under oath, which both duplicates and contradicts the KMPG report.

 

The KMPG-WGAw accounting, approved by its Board of Directors to settle a case for fraud, doesn't compute, add up, or make sense. It's a big lie.

 

That means the Boards of Directors and Executives at 3 major guilds handling the money of thousands of people are untrustworthy.

 

THE BREACHED SETTLEMENT WITHOUT COMPLIANCE GIVES WGAw/MPAA STUDIOS  ECONOMIC CONTROLS OVER U.S. WRITERS NATIONWIDE UNLESS THE CLASS SAYS FOUL AND THE COURT ALLOWS THE CLASS TO SPEAK.

 

The WGAW has concealed facts about writers’ credits and income before.

 

It was the writer's guild union who blacklisted hundreds of great American screenwriters, their own colleagues, putting them out of work for years, a long list of names also due foreign levies, if living; otherwise, their heirs.

 

This Hollywood union/studio combo are seeking to control piracy on the internet, when they are pirates themselves with American foreign royalties and copyrights.

 

The guilds and studios have "organized' the collection of foreign royalties for all American artists, and they have done so in secret, illegally.

 

American writers and artists should know that there is a huge database with their names and financial information on it, as many as 700,000 citizens, a database they cannot access.

 

The WGA/MPAA should not be in possession of that database – U.S. citizens’ social security numbers and addresses and tax ID’s – which will soon number in the millions as more and more independent filmmakers sell their work abroad over the internet and other places.

 

Unions so ostentatiously corrupt should not have access to this information so as to seize it as a “mailing list” ripe for exploitation.

 

WGAw claims the 2007 strike gives the union jurisdiction over the Internet for any thing that moves, saying if it moves it must be written, and they control it.

 

The WGAw refers to writers who write without a union or new media contract with them as “scabs.”

 

“THE COURT:  I GUESS I HAVE REAL CONCERNS ABOUT HOW ALL THESE NEGOTIATIONS AND MEDIATIONS WERE TAKING PLACE WITH NO LIVING CLASS REPRESENTATIVE FOR ONE OF THE SUPP. CLASSES. THAT'S A PROBLEM.

I HAVE A QUESTION REGARDING THE ABILITY OF CLASS COUNSEL TO CONTINUE TO REPRESENT THE INTERESTS OF THE CLASS AT THIS JUNCTURE GIVEN THE INFORMATION THAT HAS BEEN PLACED BEFORE THE COURT.”  Judge Carl J. West, Dept 311, March 23, 2009

 

Paul Kiesl, who induced me with his knowledge of facts and law (in front of 2 witnesses) to sign this settlement on behalf of my class, did not attend the May 16 hearing, perhaps because he was out raising 660 million in emergency funding for the LA Superior Court system.  That amount may have been lost to the LA tax base during the 2.9 billion WGA strike in 2007, which still hurts, led by the same Board who gave the KMPG accounting.

 

Your honor clerked with Justice Powell who vigorously promoted the idea of corporations having the same rights as individuals -- and it ought to work both ways.

 

If corporations have the same rights as individuals, as Chief Justice Powell believed, they have the same obligations for honesty and fair dealing, and ought not use their lopsided power, as in LA, where unions and studios possess vastly superior resources and hidden agreements dating back years. If their rights Trump ours, and they as “corporate individuals” are protected over my class and me as an non-corporate individual in your courtroom, my class action is doomed.

 

Individuals cannot fight major corporations alone, which is why class actions were created.  Of course the court knows that, you handle class actions routinely.

 

I am not be able to afford a lawyer on my writer's income, esp. now that the WGAw has stopped sending me residuals and levy checks altogether as a result of this litigation.

 

LAWYER CLIENT CONFLICT WHEN CLIENT REPRESENTS A LARGE CLASS

 

Some legalists have told me to contact the Bar about Neville Johnson and Paul Kiesl, but it's quicker to just email Mr. Kiesl as he is Co-Chair of the California bar.

 

Eric Hughes did complain to the bar, which found the fact Mr. Kiesel didn’t associate himself into the case was problematical, as Mr. Kiesl already knows.

 

CALIFORNIA CODE OF JUDICAL ETHICS: (1) A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment, nor shall a judge convey or permit others to convey the impression that any individual is in a special position to influence the judge.

 

 

Also I feel obliged to say, as the only writer court-certified to represent my class that your honor’s remarks to me on first sight when I raised my hand to speak in protest after Neville Johnson said my case was "settled" when I say no -- when you advised me this was “not a town hall” “or a therapy meeting” -- as if I were a hothead or a nutcase -- and later when you said in front of me that these lawyers sitting in front of me were such that “every law school student in the country would like to be like you” -- and especially when you told me that my lawyers were "famous," implying I was not,  and maybe for some faulty reason I was not -- these statements from your authority, which are absolute, made me think I should complain to the Commission of Judges for fair dealing with all parties in a lawsuit -- as to whether you showed bias towards a Lead Plaintiff in a class action lawsuit in favor of lawyers --but as in the case of my lawyers, I may as well just state my concerns to you here directly, respectfully, and ask you as a member of the California’s Commission on Judicial Ethics Opinions to consider the pain of my humiliation in court.

 

You honor must be aware that you are highly regarded as a brilliant legal mind in article after article about Judges on the Internet, and so your initial opinion of me is even more damaging and I plead with the court to remember:

 

(8)…A JUDGE SHALL MANAGE THE COURTROOM IN A MANNER THAT PROVIDES ALL LITIGANTS THE OPPORTINITY TO HAVE THEIR MATTERS FAIRLY ADJUDICATED IN ACCORDANCE WITH THE LAW.

COMENTARY:  …A judge should encourage and seek to facilitate settlement, but parties should not feel coerced into surrendering their right to have their controversy resolved by the courts.”

 

This class action is not about coupons or consumers, it is about creators and copyrights and human rights, each and every artist involved is different, and that is one of their similarities as a class.  No assembly line here.

 

As artists, they have a right to know if their work is shown abroad, indeed shown anywhere, and they have the right to be assured their accountings are transparent and honest.

 

I figure the combo lawyers have made millions off the defendants in these cases so far.

 

At the hearing for attorney fees on August 9, if your honor could move a little cash -- which comes from writers anyhow -- to the other side of the table -- it would mean we could pay for a true accounting, a great leap towards justice for as 700,000 Americans.

 

Like Neville Johnson, I concur that history will be made in your courtroom, only not in Mr. Johnson’s way.

 

We shall do all in our power to make sure this settlement is not an out and out loss for the freedom of artists in America, a Hollywood snuff job for our civil rights and economic rights as free writers and artists in a free nation.

 

Sincerely,

 

William Richert

Lead Plaintiff

WILLIAM RICHERT VS

WRITERS GUILD OF AMERICA et al

4 EXHIBITS:

bottom of page