The following information is taken from a sworn affidavit that I filed with the courts as part of complaints about the professional misconduct of the attorneys involved:
1. July 27, 2005 — Just before midnight, I made the changes to the E-Ticket that Carlson requested Alcatraz make by July 28, 2005. Proof of this can be seen in the E-Tickets for July 28, 2005, because every E-Ticket purchased that day showed this change to the E-Ticket. (Exhibit 252 to Dec #5 – Evans Docket #378.)
2. Because Alcatraz had emphatically refused to make such a change to the Alcatraz E-Tickets previously, I believe Maid of the Mist felt like they would be able to use such a refusal to justify their wrongful termination of the contract. They were very surprised when they discovered that Alcatraz had made the change. They had to scramble, and that meant more lies.
3. On July 28, 2005 at 10:28 am, I emailed Carlson, Glynn, Schul, and Bazzo to advise that the change had been made to the E-Ticket as requested in the July 19, 2005 letter. “The change you requested was made last night: Maid of the Mist base ticket price is $13.00 Canadian for adults and $8.00 Canadian for children. There is an additional service charge added to the cost of these tickets, which was included in the price you agreed to pay on the web site. We have shown the price in Canadian funds. We are converting our system so most of our Niagara Falls prices will be shown Canadian since we primarily deal with Canadian tour operators. We have sold 1,697 tickets for you thus far this year. Bill Windsor.” (Exhibit #115 to Dec #5 – Evans Docket #378.)
4. July 28, 2005 — A copy of this changed E-Ticket was faxed to Carlson by me on July 28, 2005. (Maid of the Mist never produced this fax.) (Exhibit #117 to Dec #5 – Evans Docket #378.) E-Tickets for July 28, 2005 customers prove that the change was made. (Exhibit #252 and 610 to Dec #5 – Evans Docket #378.)
5. VIOLATIONS BY HAWKINS & PARNELL –“ Violation of Rule 3.4 of State Bar of Georgia Code of professional Conduct by concealing Windsor’s fax of July 28, 2005. A lawyer shall not unlawfully obstruct another party’s access to evidence;shall not unlawfully alter, destroy or conceal a document or other material having potential evidentiary value;shall not counsel or assist another person to do any such act; shall ensure that evidence in a case is to be marshaled competitively; shall not disregard the rights of the opposing party or counsel. (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
6. VIOLATIONS BY HAWKINS & PARNELL — Violation of Rule 34 of the Federal Rules of Civil Procedure by failing to produce Windsor’s fax of July 28, 2005; Violation of Rule 11 of the Federal Rules of Civil Procedure by signing false pleadings about document production and failing to produce Windsor’s fax of July 28, 2005; Violation of Local Rule 83.1C by concealing Windsor’s fax of July 28, 2005; Obstruction Of Justice — concealing documents — concealing Windsor’s fax of July 28, 2005, in violation of 18 USC § 1512(c) and O.C.G.A. 16-10-93; Conspiracy To Defraud United States (Obstruct Justice) in concealing Windsor’s fax of July 28, 2005 in violation of 18 USC § 371; Fraud on the Courtin concealing Windsor’s fax of July 28, 2005 in violation of FRCP Rule 60(d)(3); Violation of Federal Civil RICO Act pursuant to 18 USC § 1964(c) and 18 USC § 1962(c) and 18 USC § 1962(d). (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
7. VIOLATIONS BY CARL HUGO ANDERSON — Violation of Rule 3.4 of State Bar of Georgia Code of Professional Conduct by concealing Windsor’s fax of July 28, 2005. A lawyer shall not unlawfully obstruct another party’s access to evidence; shall not unlawfully alter, destroy or conceal a document or other material having potential evidentiary value;shall not counsel or assist another person to do any such act; shall ensure that evidence in a case is to be marshaled competitively; shall not disregard the rights of the opposing party or counsel. (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
8. VIOLATIONS BY CARL HUGO ANDERSON — Violation of Rule 34 of the Federal Rules of Civil Procedure by failing to produce Windsor’s fax of July 28, 2005; Violation of Rule 11 of the Federal Rules of Civil Procedure by signing false pleadings about document production and failing to produce Windsor’s fax of July 28, 2005; Violation of Local Rule 83.1C by concealing Windsor’s fax of July 28, 2005; Obstruction Of Justice — concealing documents — concealing Windsor’s fax of July 28, 2005, in violation of 18 USC § 1512(c) and O.C.G.A. 16-10-93; Conspiracy To Defraud United States (Obstruct Justice) in concealing Windsor’s fax of July 28, 2005 in violation of 18 USC § 371; Fraud on the Courtin concealing Windsor’s fax of July 28, 2005 in violation of FRCP Rule 60(d)(3); Violation of Federal Civil RICO Act pursuant to 18 USC § 1964(c) and 18 USC § 1962(c) and 18 USC § 1962(d). (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
9. VIOLATIONS BY PHILLIPS LYTLE — Violation of Rule 3.4 of State Bar of Georgia Code of Professional Conduct by concealing Windsor’s fax of July 28, 2005. A lawyer shall not unlawfully obstruct another party’s access to evidence;shall not unlawfully alter, destroy or conceal a document or other material having potential evidentiary value;shall not counsel or assist another person to do any such act; shall ensure that evidence in a case is to be marshaled competitively; shall not disregard the rights of the opposing party or counsel. (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
10. VIOLATIONS BY PHILLIPS LYTLE — Violation of Rule 34 of the Federal Rules of Civil Procedure by failing to produce Windsor’s fax of July 28, 2005; Violation of Rule 11 of the Federal Rules of Civil Procedure by signing false pleadings about document production and failing to produce Windsor’s fax of July 28, 2005; Violation of Local Rule 83.1C by concealing Windsor’s fax of July 28, 2005; Obstruction Of Justice — concealing documents — concealing Windsor’s fax of July 28, 2005, in violation of 18 USC § 1512(c) and O.C.G.A. 16-10-93; Conspiracy To Defraud United States (Obstruct Justice) in concealing Windsor’s fax of July 28, 2005 in violation of 18 USC § 371; Fraud on the Court in concealing Windsor’s fax of July 28, 2005 in violation of FRCP Rule 60(d)(3); Violation of Federal Civil RICO Act pursuant to 18 USC § 1964(c) and 18 USC § 1962(c) and 18 USC § 1962(d). (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
11. VIOLATIONS BY MARC W. BROWN — Violation of Rule 3.4 of State Bar of Georgia Code of Professional Conduct by concealing Windsor’s fax of July 28, 2005. A lawyer shall not unlawfully obstruct another party’s access to evidence;shall not unlawfully alter, destroy or conceal a document or other material having potential evidentiary value;shall not counsel or assist another person to do any such act; shall ensure that evidence in a case is to be marshaled competitively; shall not disregard the rights of the opposing party or counsel. (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
12. VIOLATIONS BY MARC W. BROWN — Violation of Rule 34 of the Federal Rules of Civil Procedure by failing to produce Windsor’s fax of July 28, 2005; Violation of Rule 11 of the Federal Rules of Civil Procedure by signing false pleadings about document production and failing to produce Windsor’s fax of July 28, 2005; Violation of Local Rule 83.1C by concealing Windsor’s fax of July 28, 2005; Obstruction Of Justice — concealing documents — concealing Windsor’s fax of July 28, 2005, in violation of 18 USC § 1512(c) and O.C.G.A. 16-10-93; Conspiracy To Defraud United States (Obstruct Justice) in concealing Windsor’s fax of July 28, 2005 in violation of 18 USC § 371; Fraud on the Courtin concealing Windsor’s fax of July 28, 2005 in violation of FRCP Rule 60(d)(3); Violation of Federal Civil RICO Act pursuant to 18 USC § 1964(c) and 18 USC § 1962(c) and 18 USC § 1962(d). (Proof is provided in the paragraph above and citations therein, oral contract, and in Exhibits 115, 117, and 252 to Dec #5 – Evans Docket #378.)
I have filed a Verified Complaint of Professional Misconduct against Carl Hugo Anderson, Hawkins Parnell Thackston Young, Sarah Bright, Brett Mendell, Phillips Lytle, Marc Brown, and Arthur P. Russ. I have also filed a lawsuit against most of these attorneys for fraud upon the courts, RICO violations, and other violations in the United States District Court for the Northern District of Georgia – Civil Action No. 1:09-CV-02027-WSD. I am filing a complaint with the State Bar of Georgia and the New York State Bar Association.