REQUEST FOR EQUITABLE SETTLEMENT
TO: Hon. Ana Mari Cauce, President
Office of the University President
University of Washington
301 Gerberding Hall, Box 351230
Seattle 98195
Washington State, USA
FROM: Mr. Larry Saccato as Trustee,
Estate of Paul Andrew Mitchell, B.A., M.S.
1224 N.E. Walnut, #257
Roseburg 97470
Oregon, USA
DATE: October 25, 2015 A.D.
SUBJECT: REQUEST FOR GOOD FAITH SETTLEMENT NEGOTIATIONS (10/23/2015)
Greetings President Cauce:
I have now received and reviewed a copy of Mr. Mitchell’s REQUEST supra, and I accept that REQUEST as authorization to initiate good faith settlement negotiations with appropriate UW official(s).
After lengthy review of the documentary evidence, and in consequence of much correspondence and personal conversations with Mr. Mitchell, I am confident that the following preponderance of relevant facts can be demonstrated and verified, to wit:
- Defamation: At this point in time, there is absolutely no support for the notion that the false and defamatory “hold” on Mr. Mitchell’s Summer 2012 Application was any kind of “mistake”. The written threat of his forced eviction by UW Campus Police from the Summer 2009 Computer Science class -- in which he was registered and enrolled and which he was directed to attend by CS Department staff -- now appears to be the one and only one possible basis for UW’s erroneous claim that there was “open police action” involving him when he applied for the Summer 2012 session. I also agree that it was most wise of Mr. Mitchell to avoid any future contact with Campus Police in June 2009. As he explained in detail to UW President Michael K. Young in his DEMAND TO LIFT “HOLD” dated April 22, 2013 A.D., for the rest of his remaining days Mr. Mitchell would have been placed on the defensive whenever asked to explain why Campus Police had evicted him from that CS class. There are 2 things that rankle my conscience in particular: (1) nobody at UW bothered to pick up the telephone and simply to ask UW Campus Police to confirm whether or not there was “open police action” involving him; and (2) nobody at UW did anything to lift that bogus “hold” on his Summer 2012 Application, even after UW replied to his FERPA request with written proof of only one UW Campus Police contact with Mr. Mitchell, namely, his meeting with Campus Police Lieutenant Douglas B. Schulz on May 9, 2012 A.D. The resulting defamation and negligence are painfully obvious in retrospect.
- Discrimination: Although no one affiliated with UW has ever attempted to answer WHY they did what they did to Mr. Mitchell, actions speak louder than words: there is no question in my mind that he is genius caliber and has made unique contributions to two (2) fields of endeavor: computer science and law. As such, his knowledge and experience are potentially of great value to many faculty, students and staff, and that value has been denied to UW solely by reason of a pattern of arbitrary, capricious and discriminatory mistreatment of Mr. Mitchell, all of which violate UW’s stated policy expressly prohibiting such discrimination.
- Mail Fraud: The letter from Virjean Hanson Edwards dated June 18, 2012, is an obvious instance of fraud, particularly where it falsely claims that Mr. Mitchell’s Summer 2012 Application “was not processed”. There had to be some sort of processing of that Application because a fraudulent “hold” was placed on that Application, and that same fraudulent “hold” was never lifted, even after contrary evidence was produced in UW’s own response to Mr. Mitchell’s FERPA request. Edwards’ letter was transmitted to Mr. Mitchell via U.S. Mail. Mail fraud is a Federal felony violation of 18 U.S.C. 1341, and the fine is $1,000,000 when such fraud affects a financial institution i.e. Wells Fargo Bank.
- Wire Fraud: The email message from James Landay, James Fogarty and Crystal Eney dated June 24, 2009, was a clear instance of witness retaliation, misleading conduct and attempted extortion, transmitted via electronic wires. Threatening Mr. Mitchell with false arrest was totally unnecessary, inappropriate, and it obviously created a climate of unwarranted suspicion and a chilling effect upon his fundamental Rights to freedoms of expression and association. If those 3 suspects had bothered to honor their ethical obligations as full-time UW personnel, they should have realized that a polite and timely YES or NO answer to Mr. Mitchell’s request for the instructor’s permission to attend Landay’s class was warranted. The threat of false arrest was obviously, and painfully, NOT warranted. Wire fraud is a Federal felony violation of 18 U.S.C. 1343, and the fine is $1,000,000 when such fraud affects a financial institution.
- Bank fraud: The PERSONAL MONEY ORDER signed by Edwards on July 17, 2012, was a false and misleading attempt to justify her act of felony mail fraud summarized above. That MONEY ORDER was not mailed until July 24, 2012, suspiciously after the start of the Summer 2012 A Term. It was drawn on an account at Wells Fargo Bank, N.A. at 4100 University Way, N.E., Seattle, WA 98105. As such, the documentary record calls for the conclusion that the Registrar’s Office delayed that MONEY ORDER until after thatA Term had begun, further blocking Mr. Mitchell’s access to higher education during both theA Term and the B Term that Summer. Bank fraud is a Federal felony violation of 18 U.S.C. 1344, and the fine is $1,000,000. I remain convinced that Mr. Mitchell was entirely correct to refuse that MONEY ORDER and return it to sender with appropriate annotations. For example, proper names in ALL CAPS are suspicious for identifyingnoms de guerre (war names) in French. Cashing that MONEY ORDER is a form of consent.
- Witness retaliation: Mr. Mitchell’s detailed reply to five (5) questions asked by an attorney with the U.S. Department of Education in downtown Seattle, is competent evidence of intent to retaliate against him for his several criminal investigations, notably his 7 years of pro bono assistance to U.S. Coast Guard Investigations at San Diego Harbor in California. During the first “DUB” class on June 24, 2009 -- in which Mr. Mitchell was registered and enrolled, and which he was directed to attend by staff of the Computer Science Department -- he briefly summarized that work for the Coast Guard. He later reported that an obvious “chill” came over the entire room immediately after he uttered that admission. If I were a civil juror in this matter, my verdict would agree that the Federal felonies described above were substantially aided and abetted by a motive to inflict criminal retaliation upon Mr. Mitchell for having assembled crucial forensic evidence of the murder weapons that hit the Pentagon on 9/11/2001, and for having performed unique and valuable analysis of tampering which he also discovered in that evidence. The sheer duration of Mr. Mitchell’s assistance toU.S. Coast Guard Investigations is another glaring fact that is staring every affected UW suspectright in face.
- Tortious interference with lawful business and education plans and with ongoing patent research: UW touts itself as a world-class university, and UW’s own Internet website advertises the value of the educational and employment opportunities it offers. Mr. Mitchell was entirely correct to expect collegial contacts with experts in computer science and electrical engineering, and likewise with their many computer industry contacts. It is a well established fact that he has a utility patent pending on a very high-speed solid-state data storage device which he alone invented. His extraordinary foresight consciously anticipated supplements to that patent application with the addition of non-volatile memory technologies mounted on the ubiquitous SODIMM (laptop memory) form factor. (Here, cf. Intel’s very recent “Optane” announcements, and Everspin’s “ST-MRAM”.) Put bluntly, UW cannot have it both ways: its faculty, staff and administrators cannot claim at once that UW is a world-class institution, but then turn around and fault Mr. Mitchell for seeking to develop collegial contacts with industry experts employed by, and/or associated with, UW’s Computer Science and Electrical Engineering Departments. He moved from Spokane to Seattle expressly to pursue graduate education at UW Seattle. After that move, he was awarded with “Best Solution” a mere thirty-three (33) TIMES by Users of Tom’s Hardware Internet discussion forum. He began using and developing computer systems during his first year of grad school in June 1971. As such, he now has 44+ YEARS of computer experience. I can safely predict that a qualified jury will laugh out loud to rebuke the empty insinuations that Mr. Mitchell’s extensive experience is of “no value” to your august University, or that UW’s Computer Science and Electrical Engineering Departments are of no value to him. If either insinuations were even partially true, then why did UW’s Experimental College permit him to teach “Computer Design and Assembly” during the Winter 2010 term? And, why did the Experimental College staff fail to distribute their printed Catalogs for that term? In point of fact, there were no UW Campus Police contacts with Mr. Mitchell during any of those 10 consecutive Saturday morning classes! None. Zero.
- Deprivation of fundamental Rights: The pertinent American Laws guaranteeing freedom of expression, freedom of association and the right to education are well established and beyond question at this point in time. In particular, the Universal Declaration of Human Rights (“UDHR”) expressly guarantees that technical and professional education shall be made generally available, and higher education shall be equally accessible to all on the basis of merit. Education shall be directed to the full development of the human personality and to strengthening respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. The International Covenant on Civil and Political Rights (“ICCPR”) is equally applicable here. It guarantees that everyone shall have the right to hold opinions without interference. Everyone shall have the right to freedom of expression. This right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice. If your major “world-class” University is NOT an appropriate place to demonstrate, cultivate, elucidate and enforce all such fundamental Rights, where else on planet Earth can an experienced computer professional enjoy the exercise of those Rights without suffering several years of vicious and premeditated interference?
- Conspiracy to violate civil rights: Not only does the documentary record call for the conclusion that individual suspects have violated Mr. Mitchell’s fundamental Rights. There is also ample evidence that several of them conspired to do so, in violation of other Federal laws which prohibit conspiracies to violate civil rights, and conspiracy to engage in a pattern of racketeering activities. The Federal civil RICO statute is obviously applicable here, chiefly because Congress has already defined “pattern of racketeering” to mean only two (2) RICO “predicate acts” during any given 10-year period. Mail fraud, wire fraud, bank fraud and witness retaliation are all defined by Act of Congress as RICO predicate acts. The fines imposed for mail fraud, wire fraud and bank fraud total $3 Million, not counting any other actual, consequential or exemplary damages. Moreover, 18 U.S.C. 1964(c) authorizes automatic triple damages, elevating the damage subtotal to $9 Million U.S. Dollars, NOT even counting actual damages for any of the other violations summarized here. Without too much difficulty, I can honestly predict a civil jury award easily exceeding $10 Million against UW’s Board of Regents, and against all individual defendants. That award could go even higher if a runaway jury decides to “go ballistic” (as the saying goes) and make an example out of UW. The long-term effects upon UW’s reputation, such as it is, are presently beyond my ability to predict with any confidence, but those effects could not be very good.
- Violations of UW’s stated policies re: encouraging diversity: As I review the documentary record now extant in this case, it is most painful for me to realize that responsible UW officials are clearly unwilling to be serious about its diversity policies. It is one thing to exclude prospective students after conviction for serious felonies offenses, like rape or murder; it would be only reasonable for UW’s Board of Regents to discriminate on such bases. On the other hand, Mr. Mitchell has never been convicted or any crimes, neither felony nor misdemeanor. At this juncture, I should tell you that he was abducted by rogue Federal agents in January 2014, tortured with solitary confinement, threatened with forced administration of mind-altering drugs, moved 55 times, defamed with several obviously false and ridiculously insulting labels, and released at 4:30 PM in the middle of Winter in a remote Nebraska town with no money, no food, no clothes, no friends, no job and nowhere to go. I am not telling you this in order to insinuate that UW is in any way responsible, or liable, for the damages caused by 325 days + 5 hours of illegal arrest and unlawful incarceration. I am telling you these things because my spouse and I took it upon ourselves to maintain regular contact with Mr. Mitchell during that horrible ordeal: we did everything we could to assist him with his litigation needse.g. by purchasing stamps so he could mail pleadings. I am happy to say that he was released soon after he filed two (2) Federal lawsuits on his own behalf in Springfield, Missouri; but, to this day nobody in the Federal government has ever attempted to admit why he was finally released andall charges dismissed. After you read the above, please allow me to pose a reasonable question to you as President of the University of Washington: are the well documented facts of Mr. Mitchell’s abduction and ordeal of interest to anyone affiliated in any manner with UW, or not? This is not an idle question. It turns out that, in addition to 44+ years of computer experience, Mr. Mitchell has blazed a trail of superb leadership in the field of law as a practicing Private Attorney General, and now Agent of the United States as a Qui Tam Relator under the Federal False Claims Act. One of his MOTIONs to the U.S. District Court in Springfield, Missouri, is truly extraordinary for revealing, and proving, fraud in the U.S. Senate’s ratification of the ICCPR. Had the Federal Judge in that case not suffered from cold feet (frozen is a better word), a favorable ruling on Mitchell’s MOTION FOR INTERLOCUTORY JUDGMENTS would have resurrected every single Court case commenced after 1992 to enforce rights guaranteed by that important Human Rights Treaty –- every one! I do not exaggerate here: the relevant American courts have already held that unconstitutionality dates from the moment of enactment, NOT from any decisions so branding the act in question.
- Elder abuse: Mr. Mitchell was born to American parents at high noon on June 21, 1948, in Worcester, Massachusetts. His mother told him that he was late, and hungry! I should remind you that the organic Constitution for the United States of America was also ratified on June 21, in the year 1788A.D. Worcester, Massachusetts is located in close proximity to the intellectual origins of the American Revolution. The fact that the sun was directly overhead at the moment of his birth, is lost on almost everyone who has ever bothered to read any of his prolific writings in the field of American Law. His website, the Supreme Law Library, now hosts more than 120,000 discrete files, all readily accessible via the Internet. Moreover, in the field of computer storage technologies, Mr. Mitchell continues to “push the envelope” by contributing valuable insights and notable recommendations to foster developments in solid-state storage performance and availability. Since when did it become fashionable anywhere in America to force such an extraordinary individual into some miniscule pigeon hole, to mete out the remainder of his days watching “The Price Is Right” or “Idiot Home Videos”? Do any of the suspects guilty of abusing Mr. Mitchell have any shame whatsoever? Inquiring minds would like to know the answer to that basic question. If 25+ years of legal experience and 44+ years of computer experience are not valuable in any manner to anyone at UW, then please explain to me, as soon as humanly possible, how such an obnoxious deterioration could have occurred to your “world-class” educational institution without any discussion, without any votes and without exposure by any mainstream or alternative media?
In conclusion, it is my sincere hope that this long REQUEST serves to convince you, in your capacity as the President of the University of Washington, that an equitable settlement is the only option that makes any sense in the matter summarized above.
Leaving Mr. Mitchell with no other remedy except to commence, and endure, an expensive and time-consuming lawsuit is not only unnecessary; it is unjustifiable, inappropriate and an obvious waste of Washington State government resources.
Thank you very much for your prompt and professional consideration.
Sincerely yours,
/s/ Larry Saccato
Larry Saccato as Trustee,
Estate of Paul Andrew Mitchell, B.A., M.S.
/s/ Valynn Currie
Valynn Currie as Trustee,
Estate of Paul Andrew Mitchell, B.A., M.S.
Cc:
Office of the Attorney General,
State of Washington, Olympia
Office of the Governor,
State of Washington, Olympia
Attachment:
REQUEST FOR GOOD FAITH SETTLEMENT NEGOTIATIONS (10/23/2015)
Request for Equitable Settlement: Page 1 of 6