Otherwise Reported Cases

Published federal court rulings include:

Western Liquid Asphalt Cases (a successful imposition of co-conspirator liability), 1976-2 Trade Cases (CCH) ¶ 61,164 (US DC, ND Cal).

Petroleum Products Antitrust Cases (a successful imposition of Parens Patriae liability), 1978-1 Trade Cases (CCH) ¶ 61,839 (US DC, SD Cal — see 906 F. 2d 432 (9 Cir., 1990).

Media-reported cases include:

Central Intelligence Agency adv. Hawkins (USDC, ND Cal. 1980); reported in Freedom of Information Practice; I represented the successful plaintiff and achieved a very rare award of attorneys’ fees for agency bad faith.

Internal Revenue Service adv. Gold Depository & Loan (USDC, ND Cal. 1985 and appeals); a challenge to illegal mail opening, reported American Bar Association Journal, also reported Insight magazine, Oct. 13, 1986:

“Misdirected Mail — Attorneys for tax shelter investors and tax protesters say that, increasingly, mail to and from their clients is misdirected to the Internal Revenue Service and opened by the agency, often as part of an investigation of the clients. The mail is reportedly opened at IRS service centers, stamped ‘Opened in Error’ or ‘Received by the IRS’ and forwarded to the addressee.

“In the past year or so, according to San Francisco attorney Bartholomew Lee, the drafts of a client’s tax returns were intercepted, opened and stamped by the IRS in Kansas City, Mo. The envelope, which had been sent by Vaughan Oil Production Co. in Niles, Ill., was addressed to Annie Lee Hudson in Chicago. She is involved in litigation with the IRS over a tax shelter.”

Flushing Federal Savings & Loan Association v. Rapp, (U.S.D.C., E.D. NY 1986); reported Forbes magazine, September 22, 1986, “A License to Steal”:

“ … as Bartholomew Lee, a San Francisco lawyer for a company used in one of Rapp’s alleged schemes, puts it: ‘The U.S. created a person who could in fact, if not intentionally, cause significant damage to a federally insured institution. Now Uncle Sam has to foot the bill for what its errant child has done.’ ”

Selected transactions and settlements include:

Yaqub vs. Salinas Valley Memorial Healthcare System, U.S. D.C. ND Cal. 2004 resolved through mediation of the civil rights act damages case.

Perham Foundation, Foothill College District and History San Jose museum accords, 1991, 2002.

Koo and Po Shing Corporation RICO settlement accord, 1992.

Northwest Equity and Bank of America accord, 1987.

Phelps Dodge and Gold Depository mining antitrust settlement accord, 1983.

Greenpeace Global Council international formation and settlement accord, U.S. D.C. ND Cal. 1980.

Gypsum Antitrust Cases, U.S. D.C. ND Cal. 1973 – settlement distribution planning, protocols and administration, in one of the first multi-million dollar antitrust settlements.