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             The American President Cold Case

 

The Aaron Sorkin Scam .....

RE:  RE-DO OF WGA ARBITRATION THAT NEVER HAPPENED ON 'THE AMERICAN PRESIDENT'

 

UPON NEW DISCOVERY OF WEST WING PILOT SOURCE WILLIAM RICHERT DEMANDS  WGA ARBITRATION THAT NEVER HAPPENED AND RE-DO OF AARON SORKIN'S PHONY CREDIT FOR 'THE AMERICAN PRESIDENT' – WRITER ASKS UNPAID VOLUNTEER SCREENWRITER-PRODUCERS ON BOARD OF DIRECTORS TO READ THE ACTUAL SCRIPTS IN RARE UNUSUAL REQUEST – WRITER-DIRECTOR WILLIAM RICHERT ACCUSES ADMITTED 'CRACK WRITER LIAR' AARON SORKIN OF LYING IN 1995 LETTER FROM DRUG REHAB CENTER - BOARD MEMBER KATHERINE FUGATE ONLY WGAW MEMBER WITH COURAGE TO ASK REASON FOR FIRST SCREENWRITERS LONG-TIME ANGER AT CREDIT AWARD TO SORKIN – VOLUNTEER BOARD PROTECTION BY TONY SEGALL AND DAVID YOUNG GONE ASUNDER

 

MEMO TO:

 

KYLE MORRIS, 

CO-WRITER ORIGINAL SCREENPLAY  'THE PRESIDENT ELOPES AKA THE AMERICAN PRESIDENT; 

 

CC WGAw ALL-VOLUNTEER BOARD MEMBERS AND CREDIT EXECUTIVES:   

 

Katherine Fugate, Stephen Schiff, Carl Gottlieb, Patric Verrone, Chris Keyser,  Scott Alexander Howard A. Rodman, Alfredo Barrios, Jr. Marjorie David, Carleton Eastlake, Jonathan Fernandez, Karen Harris, Chip Johannessen, Peter Lefcourt, Aaron Mendelsohn, Michael Oates Palmer, Billy Ray, Ari B. Rubin, Shawn Ryan, Thania St. John et.al.

 

FROM:  WILLIAM RICHERT

 

July 4, 2015

 

Dear Kyle,

 

  In Hollywood I discovered that I was one of the chosen people.  Not of tribe, but of talent, which has a tribe of its own.  If the 400 know each other, so do the talented.  No secret handshake or password required.  The talented people know each other and recognize each other from afar.

 

Now, Aaron Sorkin is certainly among the talented people we know in the instant.  So am I and so are you.  We each contain talents of different atmospheres, like the planets circling the sun,  of patrons, fame and “success” (the title of one of my favorite movies of mine) , but nonetheless we are spinning in the same space, chasing or subject to the same rules.

 

That is why when one of the talent tribe swings way out of orbit, almost to defy gravity and throw off the solar system of the  light prisms of talent into shit, we have to restore order to the system of gravity, however elliptical our orbits.

 

Continual striving for greatness is not for the feint hearted.  The use of the screenplay form is equal to the use of the novel form or the poetry form or the forms you fill out to get into college, though I didn’t go to college, that institutionalized leveler of boundless youth, another system like the Writers Guild of America that may have gone awry.

 

The Writers’ Guild ought really to be seen for what it is:  an exclusionary group of “writers and video game creators” (talent not required to join, just a pay stub) who control how a “writer” gets paid in Hollywood by the studios with secret contracts; WGAw "protection" from "enemy" studios is like the payouts to mobsters; and anyhow "studio" has itself become  an inclusionary term for the interlocking systems formerly centered geographically in Southern California.  (What constitutes a "studio" any more?  One of 7 major corporations?  Something in your garage? Who is that artist formerly known as “Prince.”  Anybody remember?)

 

The writers guild was begun by Lillian Hellman, among other "scribes" who eventually created that original "black list"  in the 50's which has been converted by the WGA into a new "black list" but this time a praise and accolade for scripts, the same kind up upside-down gymnastic linguistics that allowed them to award Aaron Sorkin sole credit.

 

WGA founder Lillian was both a convincing playwright and plagiarist about whom Mary McCarthy famously said:  "Every word she says is a lie, including ‘and’ and ‘but,’” and the whole of the WGA has come to be like that.

 

Not long ago John Wells, maybe to cover up his treatment of our own script, awarded Dalton Trumbo his writing credit on “Roman Holiday” — after 59 years, and after Wells had run the union for ten years in various capacities.  This is rather longer than the fast track for sainthood given that South American dude by Pope Francis.

 

[Click following link to Eric Hughes' websie to see how far back the WGAw has been collaborating with the studios against the true rights of authors who choose screenwriting as an art form and ignore WGA dictates; back then they called them commies:    http://www.screenrights.net/creditsescapeclause.html]

 

20 years ago, on November 16, 1995, the WGA gave Aaron Sorkin sole “written by” credit on his draft being the last in a series of drafts starting in 1982 with the sale of my original story to Walt Disney Company.

 

By this time I'd already spent an earlier 20 years doing re-writes for Redford's producers and other executives, thinking my director contract would be honored.  It was originally set for me to direct:  as a writer-director, that was my whole reason for the long trek.  

 

During this time, the project was very well known, often in the press, and VARIETY announced in 1993 that Sorkin was doing a revision of our script to make it more political, or something.

 

It was always in rewrites, it seemed.  In a letter he wrote to me that Alan Horn copied to the WGA Directors and Robert Redford the Disney CEO referred to our original as "Your much re-written screenplay."  

 

Alan Horn should know.  He knows how much he paid for re-writes, and all scripts attached to each other in a time line back to ‘82, like the chain letters you've recently written the WGAw Board Members. The fact that Alan Horn paid 5 million dollars for the right to take our script off the market (?!) makes it the largest script sale in modern times, but we didn’t get credit for that either.  Nor did we get any of the money, even after all the free-writes I did for Bob, a very conservative reader.  Finally I refused to give him any scripts until I read them to him first, after he called me to say he was in the office.  Maybe he gave Sorkin the credit because he didn’t like to listen to me, “another actor,” he called me once.

 

At the time of the Writer's Guild “arbitration” in 1995 -- an arbitration which we know today never occurred --  Wildwood executive Sarah Black told the LA TIMES: “THE AMERICAN PRESIDENT” belongs to Bill Richert the way France belonged to DeGaulle.”

 

Of course this is hyperbolic; France never belonged to DeGaulle.  But neither was he written out of his own history as I have been written out of mine by Sorkin and the WGA.

 

I thought it was kind of hysterical, in the old female psychology sense, that Sorkin called me a “Hack” in 2010 in THE DAILY BEAST or somewhere.  I'm nothing like a script factory, just the opposite.  I'm a beat poet making movies as a sideline for the fun of it, and my output is very slim.  Actually, I’ve written only a dozen or so scripts in the past 50 years, a few of which I’m still working on, while Mr. Sorkin wrote over 86 "teleplays" for our uncredited series THE WEST WING even though he never really got the original point of it, and damaged the reputations of some pot smokers.

 

Michael Douglas would have been miscast in our original THE PRESIDENT ELOPES along with THE EXECUTIVE WING/WEST WING;  Douglas tends to Borcsh Belt when being satirically philosophical, while I was after a President more in line with a Roussaeu-enlightened Ronald Regan, if we can dare imagine such a persona.

 

You might have thought Michael Sheean would fill those shoes, if his President weren’t a secret drug user, like Sorkin, with perpetually sweating feet.

 

Sorkin did a fair job of mimicking my long “walk and talk” dialogue passages he claims he invented (forgetting Shakespeare)  — which I started in my own venues way back in WINTER KILLS, a movie I found out he used as part of his “research” — and Sorkin also sparked to and copied my President-Speechifying Moment of ripping into a long monologue to the astonishment of his staff, like Pavarotti bursting into THE HILLS ARE ALIVE.

 

AS an aside, to show how scripts can influence society if made into movies, I quote myself in a recent letter to Jeff Bridges, who is presently reading WHAT GENRALS DO AT NIGHT, a film I’m producing.  I include it here because it relates to the vast reach of movies, and the results of deceit:l 

 

[Dear Jeff, Many years ago I sent you the first draft of THE PRESIDENT ELOPES which you said "Sorry Billy it doesn't float my boat", a line that still makes me smile a little, but that led to Robert Redford optioning the screenplay and 20 years of re-writes for various studios until production when Redford so hated Rob Reiner and Sorkin's revisions that he quit the picture, while this picture became the basis for THE WEST WING which led to the revulsion of the "evangelists" towards Democrats because the President in the series used drugs, and that led to the election of George W. Bush, which led to Iraq and the present conflagrations of humanity everywhere.  Not to say because you declined a role we now have the crummy state of the planet earth, but I gotta say if you'd been in that movie, we would quite possibly be living in a very different kind of nation with a different recent history on a way more peaceful planet…however, we can make up for lost time…etc…]

 

If the “iconography” of actors is part of the design, you see why I would not have chosen Michael Douglas for the movie, and neither would Redford; it was Sorkin’s choice.

 

AS FOR MY DIALOGUE FOR PRESIDENT SAM ANDERSON, THE CHARACTER BEFORE SORKIN’S 1994 NAME CHANGE/TRANSFORMATION INTO  'PRESIDENT ANDREW SHEPARD' (NOTE:  HOW THE NAMES ARE ALMOST SCRABBLE VERSIONS OF EACH OTHER; TRICKY AND NEAT BUT NOT NICE - nor original to him.)

 

TV critics made much of these long monologues. If you think of Jeff Bridges in the role of Andrew Shepard/Sam Anderson, you get the idea of what it might have been had I directed the movie, from my script, as intended.  For better or worser, Here is the original of those long Aaron Sorkin speeches, as written by the author; pls think of Jeff Bridges doing the lines, and then how Sorkin might re-write into his own image:

 

EXCERPT FROM 1991 'THE EXECUTIVE WING/WEST WING' DRAFT SCREENPLAY by WILLIAM RICHERT:

 

SOLVANG (CONT) 

-- If you were to reach her, propose to her, and be rejected ••• 

 

HOVERMANN 

It would be a knife in the heart of your Presidency. 

 

PRESIDENT SAM ANDERSON 

Is that why you're asking? Not occurring to you the effect her saying no might have on my ••. 

Sam trails off. 

 

CYRUS 

-- All benefits which might accrue from your bold, romantic and adventuresome move would reverse themselves to liabilities. 

 

SOLVANG 

The polls would kill you. 

 

HOVERMANN 

Think of the headline: President turned down, caught out of the White House with his pants down, so to speak, and -- • 

 

Sam turns to his son Peter. 

 

PRESIDENT SAM ANDERSON 

Peter, this concludes White House Politics 101. I want you to go to your room like we said __ 

(looks over at the Men) while I tell these three gentlemen just where to sit when they ride on these upcoming poles. 

 

PETER 

Okay. 

He crosses to the door. Sam is about to speak once more when Peter turns back. 

 

PETER 

Will I have to call her Mom? 

 

PRESIDENT SAM ANDERSON 

Well, her given name is Catherine. I'm sure the two of you can work that out together. If we get the chance. 

 

Giving him a "thumbs up," Peter leaves. 

Sam looks at the others. 

 

PRESIDENT SAM ANDERSON 

Amazing. The four of us have faced some tough situations since my inauguration, but I've never seen any of you this scared. Do I appear to be a dangerous person to you? Some kind of threat, or obstacle? 

 

THE THREE: Stare at him. 

 

PRESIDENT SAM ANDERSON 

Then why do you look at me as if I'm Abul Nabul? Am I merely a political being? If so, I'm a walking historical artifact __ nothing more -- certainly not an evolving, evolutionary, biological being -- No wait, I'm not going off the deep end here __ • 

He crosses to a pile of books at the base of the couch, where he's been doing "research." The three observe the President of the United States rummaging through pages like a graduate student. 

 

PRESIDENT SAM ANDERSON 

(opens book, reads) 

"Our happiness is not an ordinary matter of young lovers; it is, for me, a matter of efficiency. 

I am absolutely dependent on intimate love for the right and free and most effective use of 

my powers. Love, personal love, is the one thing a man's heart cannot do without." 

 

CYRUS 

President Woodrow Wilson's love letters. Great. 

 

PRESIDENT SAM ANDERSON 

-- At the height of the bloodiest war in all history. We men do need our women from time to time, do we not? 

 

SOLVANG 

Forgive me, but I gave up a very lucrative position in the private sector thinking you intended to both be and stay the President, sir. 

 

PRESIDENT SAM ANDERSON 

What? 

 

SOLVANG 

I do not think this is a win-win situation. 

 

PRESIDENT SAM ANDERSON 

Good God, if I am denied because of questionable theories or possibilities or press reaction the ability to be all that I am, or who I am, as a human, feeling being, then how can I possibly represent the human feelings of tens of millions of beings? Don't you see, the best I can do for my country is equal to the best I can do for myself? If the goal is greatness, for me and you and this administration -- which is only a blink in the long list of forward-moving administrations - then I've got to strive for the heights -- I've got to at least prepare myself for the possibility that I -- like you, Cyrus, or you Ben, or you, Reggie -- that I could be the hundredth monkey! 

 

Now he's done it. He can tell by the looks on their faces they're not au courant on the hundredth monkey theories. He can tell explaining it would be to lengthy and probably counter-productive. He can tell that they probably think he's lost it. But what really frightens him: he doesn't care. 

 

PRESIDENT SAM ANDERSON 

(a little patiently) 

The hundredth monkey is not a-creature. It's just the theory that we can learn from each other in simultaneously evolutionary ways, as opposed to legislating laws alone or -- or -- • 

 

He turns to the desk, starts collecting a pile of small volumes into his briefcase, as if preparing to end the meeting. 

 

HOVERMANN 

We'll not abandon you, Mister President. 

 

PRESIDENT SAM ANDERSON 

I expect you won't. 

 

I might add that Sorkin mentions Harding’s love poems in one of his scripts too, but doesn’t bother to quote them; I wonder how he found out about them.  I first heard them when they were read to me by Alice Longworth Roosevelt as we drank copious scotch together in the tea room at the house of Katherine Graham while i was interviewing Nixon’s daughters in the White House.  Sorkin can mention Harding, but he don’t know Harding like I do.

 

Even in the original plot of our first version of the 1982 THE PRESIDENT ELOPES/AKA/AMERICAN PRESIDENT, there is still the central element of a widowed father with an only child living in the white house, courting a woman who is unsuitable.

 

Scientists win Nobel prizes with one sentence formulas.  Ours would be Widowed President + Only Child + politically unsuitable woman + courtship from within whitehouse to impress + a scene where they dance + a scene where they romance in the White House + a break up + a get togetherwiththe unsuitable Woman with the American President.

 

That’s the formula followed by Aaron Sorkin which originated with us, scientifically and factually.  There is no other formula fitting any other scripts in history, besides our versions and Sorkin’s version. Our DNA is all over the movie and the Series Sorkin stole from my last draft, and DNA will out.

 

(Few know there is an original King Lear with long bits directly sounding like Shakespeare, so that the original writer Raphael Holinshed would have surely gotten a credit from the WGA just like us, and if alive he’d be angry still, just like us.  We are on the side of the original Lear.)

 

INSIDE JOB AT WGAW

 

In the early 90's John Wells is volunteer Secretary Treasurer.

 

Carl Gottlieb was WGAw Vice President, and he brags that during that time he was setting up the illegal foreign levy scheme with Brian Walton along with Universal Picture’s Robert Hadl.  Universal owned rights in THE AMERICAN PRESIDENT and in the copyright.

 

John Wells and Carl Gottlieb are still at the WGA as a volunteers with Gottlieb back for a second time as secretary treasurer.  Not long ago Carl wrote a check to me for foreign royalties, then took it back.  I consider that an act of retaliation for my efforts for the Sorkin arbitration overturn, and for demanding the court enforcement of RICHERT VS. WGAW INC. settlement, a related issue of Board oversight failure. 

 

BOARD MEMBERS MUST ACT LAWFULLY AND  REVEAL THE FACTS ACCORDING TO CIVIL CODE

 

"Activities which are unlawful must be made known to the Board of Directors if the Executives are acting in a criminal manner, AND THE BOARD MUST RESPOND.” FYI

 

It is ironic that the screenplay the producers didn’t want anybody to see — Sorkin being a Producer who cannot say he didn't see Sorkin-the-writer's material— is the screenplay that will bring them all down, the rats and cats in he same dumpster, the script entitled THE EXECUTIVE WING/WEST WING which was written in 1991 for Redford and director Fred Schepsi.  Both of whom told me the script could be the basis of a TV series after being a movie.  They were correct.  A series was even in my Universal contract.

 

The key thing is that there never could have been any kind of legit arbitration at the WGA because the prime scripts and contracts were not given in evidence; were, in fact, willfully withheld.

 

But not skillfully withheld, or we wouldn’t have been able to figure this out, albeit 20 years later (the title of a Musketeer book; my film THE MAN IN THE IRON MASK INDIE VERSION has been gathering foreign royalties for 15 years, collected by the WGAw but not given to me; another story, but involving the same characters like Tony Segall, etc.)

 

In his deceitful letter written to Sally Burmester at the WGAw 1995 purportedly written from NYC but actually mailed from Hazelden where Sorkin was incarcerated for his addiction (Burmester still works there, but is an employee and therefore exempt for personal lawsuits, unlike the volunteer WGA board members Wells and Gottleib and the ones we must put on notice.) 

 

Aaron Sorkin claimed he’d been hired separately Rob Reiner -- the co-producer with Redford! -- to write a script entitled “untitled Washington project” but we know from Eric Hughes that his was a "blind script" deal and he began no writing until working for Redford's production company and Universal -- on his re-write of our script.

 

In 1995 Sorkin copyrighted THE AMERICAN PRESIDENT Draft 3, dated 11/11/94.  We don't know what was in the first drafts.  The one I read was 350 pages + and had large chunks of dialogue from earlier versions of mine and other writers of THE PRESIDENT ELOPES so that reading it I wondered why he bothered to re-write for the worse and more pedestrian dialogue.

 

Other drafts existed before Sorkin started writing for Reiner and Redford and it is those he used as the basis for his characters and dialogue and story.  He omitted the charms of my "Sleeping Beauty" aspects in the 1986 version for Universal, and his President Shepard didn't sneak out of the White House as my President Anderson did -- who started out as President McCormick in our 1981 original,  with my grandfather's surname.  So the names change as these drafts are rewritten by the likes of Ron Bass an Alice Arlen among others.  But they are the same men, the difference between Shepard and Anderson being a re-write by Sorkin.  That's how it is in "development."  Aaron Sorkin simply aborted the credit system with a lie the system wanted to accept for reasons of money and status.

 

But the crux of it all, and the reason a new arbitration and script comparison is required, is that THE EXECUTIVE WING/WEST WING draft I wrote in NYC was totally omitted from the WGAw decision process and arbitration, as was my contract with Universal/Wildwood to write the screenplay.

 

Your letters to Stephen Schiff and the credits committee and Board of Directors over the past few years are now part of a chain of information that shall bind them, since they cannot say they didn’t know you thought they were covering up criminal behavior — and as lifetime WGA credits expert Eric Hughes wrote, there was no way we could have known until now how they did what they did — it was a coverup!

 

What is germane and the source of this gravitas for courts is that the this key bit of evidence shows overwhelmingly that we were not liars when we said that Sorkin took his script from the source of ours.

 

We had to sit for years in front of the teleplay Taj Mahal that Aaron built, knowing we were the true architects.  No more waiting. In a literary spin, It’s not hard to see the ghost of the meal in the cannibal Sorkin’s brain; it shows up in print and on the screen, and that is where we must direct the attention of the West Wing fan hoard:

 

When it becomes known that the Writers guild never compared the William Richert/Kyle Morris original and early drafts  with Sorkin's rewrite -- as Disney executive and then Castle Rock CEO Alan Horn wrote in a long lying letter to me at the time -- and Tony Segall declared to the Judge — when the basis of all this is examined and finally includes “my last draft for Redford” - namely the eponymous THE EXECUTIVE WING script — it will become a clamorous clarion call for credit redux, in our favor, at last.

 

In your chain letter you have thus far provided a running demand for justice from Stephen Schiff and Katherine Fugate and the board of directors, without any real response.

 

A man, a writer, a member Emeritus of a guild – like you -- is due proper respect.  Neither you nor I signed on to the WGA as collective bargainers leaving our individual rights behind, especially the right to due process.

 

We should adhere to the “principles” Aaron Sorkin put down in his August 1995 letter to Sally Burmester, addressed from NYC but written by Sorkin from Hazelden rehab for crack addiction:

 

QUOTING AARON SORKIN’S LETTER: “In closing, I note that the ‘Guiding Principle’ of the WGA’s system of credit determination is that the ‘writing credit should be a true and accurate statement of authorship’.  Let the credit arbitrators, therefor, make their determination solely based on reading the scripts in front of them. Their judgments should not be restricted or predetermined by an artificial minimum ‘irreducible story credit’ to any writer other than me.  This would be a gross and fundamental misapplication of the Guild’s own guiding principles.”

 

But they did not have all the scripts, and didn't compare ANY of the scripts by reading them -- so how could they possibly decide who gets the credit?

 

Sorkin seems to say the Guild’s guiding principles apply only to him, or otherwise be grossly misapplied. As the WGAw’s prime public mouthpiece, he might consider other phrases, or put his principles where his mouth was.

 

In other words, the WGA should have been given THE EXECUTIVE WING/WEST WING screenplay, but they never saw it.

 

The WGA and its Board of Directors has thus far denied us the right of due process, as they must do to be given credence in a court of law, and their willful negligence in excluding the last draft in the PRESIDENT series of rewrites is our prime exhibit in a new case against volunteers with duty that can be filed both in the courts and in the social media, where the interested people or West Wing scholars can read for themselves what we are talking about.

 

While we re-examine the blatant con that went on with the phony “Pre Arbitration Special Committee” held in secret etc., we will also look at the reality show playing out in ’95 at the Bev Hills Peninsula Hotel, where Rob Reiner and Julia Bingham and Alan Horn are desperately looking for a place to put Aaron Sorkin as he was, he says, under a 2K a day crack habit, his per diems up in smoke, while trying to finish his rewrite  of THE PRESIDENT ELOPES AKA THE AMERICAN PRESIDENT, which he admits he doesn’t completely remember writing, grasping at dialogue from the stack of drafts from other writers.

 

IN the world of celebrities, where Aaron resides, it is nearly impossible to miss wedding photos and announcements etc. — to the varmint gossip collectors it will be a true Holmesian insight that the person who benefited the most from this fraud, after John Wells, is the former Castle Rock attorney, VP of Business Affairs, and personal advisor to Aaron Sorkin:  Julia Bingham, that rare lawyer who marries a crack head.  

 

We can be allowed cracks about how the one who benefitted the most was Aaron’s lawyer at Castle Rock, where he was a long-term employee.  The Rangers always get their man, and lawyers always get his/her fee.

 

Sorkin was a screenwriter literally in bed with the studio.  After they started their romance, Julia stopped memos on Castle Rock stationery that began:  THE PRESIDENT ELOPES AKA THE AMERICAN PRESIDENT. 

 

We should not cease our the “original creator” demands and the “irreducible story by” credit promised in the WGA MBA, that is the minimum.

 

This is a great, rousing campaign for rightful credit to all, and we have assembled the Braveherts among us, ready for auld ang sine.  We can do the Sorkin/Zukenberg thing to Sorkin/Bingham/Horn/Reiner to the tune of "Guys and Dolls."

 

That’s another copyright worth owning.

 

ONWARD

 

BILL

 

 

CARL GOTTLIEB,

HOWARD A. RODMAN

CHRIS KEYSER.

(volunteer President)  BOARD MEMBERS

 

Katherine Fugate.

AAron Sorkin

RIV SAUTS DRAWING OF AARON SORKIN, 'MOIN, ALL MOIN' REGARDING AMERICAN PRESIDENT'S WEST WING            

Dear Katherine…and other WGAw Board of Director members, past and present;

 

The attached email at very bottom, sent to me by my co-screenplay writer and acclaimed director, William Richert, contains new discovery of fraud re: The President Elopes aka The American President credits arbitration, which took place under the so-called ‘flexible' auspices of a 'Special Committee’ (consisting of who?) applying 'Special Conditions’ (like what?) in 1995, that can no longer be ignored without potential ramifications for you and the entire ‘voluntary’ WGAw Board.

 

 As a long time WGAe member, freelance writer and inventor/creator of children’s literacy projects, the recent facts set forth by William Richert, and supported in a detailed declaration by notable credits expert and whistleblower, Eric Hughes, sheds light on WGA executives in disingenuous league with a conflict-of-interest-cohort of insider-producer/writers, as well as studio executives, including but not limited to:

 

Producer/writer, Aaron Sorkin 

Producer/writer/WGA-Executive, John Wells 

 

Producer/writer/Wildwood Executive, Robert Redford 

 

 

Producer/writer/Castle Rock Executive, Rob Reiner

Castle Rock Execs, Alan Horn and Julia Bingham, et al. 

 

More to the point, the last of The President Elopes screenplay drafts developed 

by Wildwood prior to rewriter-Sorkin’s arrival, entitled The Executive Wing/West Wing, was never submitted by Castle Rock to the 1995 WGA arbitration process. This William Richert authored work centers on the POV of White House staffers — the same core concept and story template pitched to NBC/Universal by producers, Aaron Sorkin and John Wells as their own TV series creation — after the former, in   a firestorm of controversy, was awarded sole credit on aka The American President. 

 

ALL scripts must be included in order for a credits arbitration to be valid and binding — or do the dreamed up 'Special Conditions' flexibly and conveniently 

FADE OUT penalties for those blatantly committing 'special conditions of fraud’?

 

Sorkin’s decades-long disinformation campaign again came alive in a May 23, 2014 Hollywood Reporter interview, whereupon he riffs that his idea for doing a TV series about White House staffers was sparked one-cigarette-break-night by an American President movie poster. But the sober truth is clear to see from reading the attached screenplay; producer-writer, Sorkin, simply lifted characters, structure and dialogue flow from The Executive Wing draft of President Elopes found in his stash of scripts.

 

 

ORIGINATION OF WEST WING SERIES — The Case Of The Missing Screenplay

 

  … for the flip page version, go to:    http://online.flipbuilder.com/xvvf/cijo/     

 

Rather than weigh you down with a litany of other newly surfaced dirt, such as: 

• no Participating Writers Investigation

• no inclusion of the contract between Richert and Universal

• The 'Special Committee' waiving of the inviolate, Irreducible Guaranteed Minimum ‘Story-By’ credit — due to ‘blind script’ misrepresentations by a self admitted crack addict and chronic liar — all pointing to a concerted and fraudulent credits theft by producer-writers of an already green-lit, star vehicle movie years in the making, I wish to remind you and the Board of the prior efforts we’ve made to attain justice.

 

When I repeatedly appealed to the WGA Credits Committee as to the proper forum by which to present newly discovered evidence of a corrupted arbitration process, I was stonewalled, as evidenced in the email chain already in your possession. Please recall that the WGA credits committee co-chairman, Stephen Schiff, indicated that we appear to have merited 'some kind of credit', and he also noted that a legal case could very well be filed against any producers who are involved in a credits scheme.

 

When I retained an attorney to reach out for a fair reconsideration based on the new discovery of fraud, WGA outside counsel, Tony Segall, threatened personal financial retaliation. Yet his contention that the contested credits issue had been ‘fully litigated’ in a 2002 court case, belies the fact that the Judge, in no position 

to compare scripts, instead dismissed our claims without discovery, relying almost entirely on false testimony presented to the court by the WGA and the other self-dealing defendants. Had the recently revealed factual details of the endemic, and still ongoing corruption, been known at the time by myself and William Richert, 

the outcome would have most certainly been radically different, if not dramatic.

 

In light of the above mentioned new and factual information, I am thus formally requesting/demanding that the WGAw Board perform its authorized fiduciary 

duty and immediately order a rearbitration of The American President aka The President Elopes credits matter, with all of the facts, documents and scripts 

duly presented and compared per guild manual rules, written or otherwise.

 

I will wait a reasonable amount of time for your, and The Board’s collective and hopefully prudent response.   

 

 Thank you.  

 

— Kyle Morris (co-writer/The President Elopes aka The American President 

 

 P.S. My two lovely daughters, one finishing nursing school, the other a college undergrad, have both been raised and encouraged  to imbue their aspirations 

with acts of kindness, integrity and empathy for others. 

 

 

 website link to document bells and whistles:  http://usac16strong.wix.com/-aaron-sorkin-scam

 

 … for the flip page version, go to:    http://online.flipbuilder.com/xvvf/cijo/     

 

 

Rather than weigh you down with a litany of other newly surfaced dirt, such as: 

• no Participating Writers Investigation

• no inclusion of the contract between Richert and Universal

• The 'Special Committee' waiving of the inviolate, Irreducible Guaranteed Minimum ‘Story-By’ credit — due to ‘blind script’ misrepresentations by a self admitted crack addict and chronic liar — all pointing to a concerted and fraudulent credits theft by producer-writers of an already green-lit, star vehicle movie years in the making, I wish to remind you and the Board of the prior efforts we’ve made to attain justice.

 

When I repeatedly appealed to the WGA Credits Committee as to the proper forum by which to present newly discovered evidence of a corrupted arbitration process, I was stonewalled, as evidenced in the email chain already in your possession. Please recall that the WGA credits committee co-chairman, Stephen Schiff, indicated that we appear to have merited 'some kind of credit', and he also noted that a legal case could very well be filed against any producers who are involved in a credits scheme.

 

 

 

 

 

When I retained an attorney to reach out for a fair reconsideration based on the new discovery of fraud, WGA outside counsel, Tony Segall, threatened personal financial retaliation. Yet his contention that the contested credits issue had been ‘fully litigated’ in a 2002 court case, belies the fact that the Judge, in no position 

to compare scripts, instead dismissed our claims without discovery, relying almost entirely on false testimony presented to the court by the WGA and the other self-dealing defendants. Had the recently revealed factual details of the endemic, and still ongoing corruption, been known at the time by myself and William Richert, 

the outcome would have most certainly been radically different, if not dramatic.

 

In light of the above mentioned new and factual information, I am thus formally requesting/demanding that the WGAw Board perform its authorized fiduciary 

duty and immediately order a rearbitration of The American President aka The President Elopes credits matter, with all of the facts, documents and scripts 

duly presented and compared per guild manual rules, written or otherwise.

 

 

I will wait a reasonable amount of time for your, and The Board’s collective and hopefully prudent response.   

 

 

 Thank you.  

 

 

 

— Kyle Morris (co-writer/The President Elopes aka The American President 

 

 

 

 

 

 P.S. My two lovely daughters, one finishing nursing school, the other a college undergrad, have both been raised and encouraged  to imbue their aspirations 

with acts of kindness, integrity and empathy for others. 

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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

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