Saturday, January 12, 2013

Kelley Lynch - Leonard Cohen - Appeal: Draft Introduction

To: "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>
Cc: "SandraJo.Streeter" <SandraJo.Streeter@lacity.org>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, "harriet.ryan" <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, Mick Brown <mick.brown@telegraph.co.uk>, woodwardb <woodwardb@washpost.com>, "glenn.greenwald" <glenn.greenwald@guardiannews.com>, lrohter <lrohter@nytimes.com>, ajackson <ajackson@da.lacounty.gov>, "Truc.Do" <Truc.Do@mto.com>, wfrayeh <wfrayeh@da.lacounty.gov>, jthompson <jthompson@da.lacounty.gov>


To the DOJ,

I'm working on my Introduction.  I'm using Streeter's Opening and Closing Arguments and my testimony, etc.  I'm getting this in order now and there are extremely serous issues here with respect to exculpatory evidence and Sandra Jo Streeter.  Also, as you can see, this entire matter is about Cohen's criminal tax fraud and Phil Spector.  You just have to strip away the gossip, hearsay, lies, fraud, concealment, perjury, and attempts to obstruct justice.  Their motives are entirely clear.  

All the best,
Kelley

INTRODUCTION

The prosecution’s theory of the case, stated during trial proceedings and announced in opening and closing statements at appellant Kelley Lynch’s trial, was straightforward:  “One, whether or not there was a valid and lawfully issued restraining order and whether over approximately a 14-month period on several occasions Ms. Lynch violated that validly and lawful issued restraining order.  Two, whether or not over a one-year period Ms. Lynch either via email or phone calls made annoying and harassing phone calls that included obscene language or threats for no good reason, not in good faith.”  (RT 562)

Prosecutor Streeter thus informed the the jury in opening statements:  “So the people believe that the evidence will show in the case of People of the State of California vs. Kelley Lynch that during the 80s, Mr. Leonard Cohen, who was a singer ... struck up a relationship with Ms. Lynch.  They had a brief intimate relationship, and then at some point after that the relationship ended in the late 80s when Mr. Cohen’s business manager died, Mr. Cohen hired Ms. Lynch, first as his personal assistant, and then ultimately as his business manager.  But unfortunately around 2004 or so, things started to go not very well between Mr. Cohen and (RT 37) Ms. Lynch.  And Mr. Cohen ended the business relationship that he had with Ms. Lynch.  Unfortunately, that was not the end of it for Ms. Lynch, the evidence will show.  The evidence will show that shortly after the termination of the business relationship by Mr. Cohen that Ms. Lynch began an onslaught, a campaign of harassment on Mr. Cohen, and that harassment -- that harassment has continued or did continue up until February 29, 2012. (RT 38)  But during this campaign, the evidence will show, that Ms. Lynch started against Mr. Cohen, she did not just limit her contact toward Mr. Cohen.  (RT 38)

Kelley Lynch:

I began working as Mr. Cohen’s personal manager in April 1988 after Mr. Machat’s death.  (RT 448)

Leonard Cohen hired a business manager by the name of Rich Feldstein.  (RT 450) ... And his recommendation cam from an artist by the name of Don Was, of the band Was Not Was, who’s a mutual friend of Mr. Cohen and mine because Leonard Cohen felt that his tour manager was stealing from him.  And so he asked me to find a business manager.  (RT 450)

Our agreement was this:  when the last deal that Mr. Cohen testified to yesterday that he was examining doing, we were going to do that deal.  Mr. Cohen wanted to do it.  It was with Sony.  And at that point we would do what is called an actual forensic accounting on [NOT?] a ledger, taking into consideration all income, all assignments.  I had assignments to me, they’re no revocable for intellectual property dating back to 1967.  Any so-called advances I may have received on my intellectual property.  We would take into consideration corporate distributions, which were to be recharacterized by his tax lawyer.  I do not know what that means.  Anything I paid out for Mr. Cohen, anything I paid out for his children.  I managed his son, Adam.  Also any monies that I owed Leonard Cohen personally and any money which Leonard Cohen owed me.  We were going to do a complete accounting.  Not forensic, actually - an accounting.  That was our agreement.  At that time, we would take into consideration that my management agreement went back to 1988 and it was indeed 15 percent.  (RT 451-452)

Q: Okay.  Now, during that time, from the fall of 1988 to 2004, how often would you communicate to Mr. Cohen?

A: About 50 times a day.

(RT 452)

Q: We heard emails and voice mails talking about you needing to get paid.  What were you referring to in those emails?

A: My commissions that were withheld on “Dear Heather.”  My commissions that were withheld on “Book Of Longing.”  My commissions that were withheld on the deal he stopped that we had worked on for years.  My commissions on a lithograph deal.  These are millions of dollars in commissions.  My commissions, actually.  I should have had on the tour itself, merchandising, etc.  

(RT 457)

Q: Why did it [business relationship] end?

A: Well, it’s a complicated answer, but I would say because Leonard Cohen heard I was going to the Internal Revenue Service about what I was told is criminal tax fraud.

(RT 458)

Meeting with Kory:

Witness: What we were going to talk about, about Leonard Cohen and myself.

So I went to lunch, and what we discussed were various issues.  I was told by Mr. Kory there’s fraud, tax fraud, on every entity:  Blue Mist Touring, Traditional Holdings, LC Investments.  There were problems with the Stranger Music deal that had tax issues.  The IRS would demand information going back years, and the holding periods with respect to copyrights that were sold are illegeal.  I said I had wondered about that.  His lawyer had worked on that.

We talked about -- he asked me if I would mediate with Mr. Cohen in a private mediation on Mr. Cohen’s side against his advisors.  Particularly they wanted to go after Neal Greenberg and Richard Westin and their insurance companies.  Mr. Kory told me that Allen - I mean Arthur Indursky, Don Friedman, and Stuart Fried of Grubman, Indursky firm committed fraud in the inducement, as did Greg McBowman.  That I had a lawsuit they would help me witih against every single one

(RT 459)

of Leonard Cohen’s advisors.  That I was used horrendously as a pawn, and he told the waitress that we were there about a divorce and serious tax problems.

Q: Were you ever asked to give false information that would hurt Mr. Greenberg and help Mr. Cohen?

A: I don’t know if I would characterize the conversation that way.  I was asked to testify that Neal Greenberg defrauded Leonard Cohen, and I most certainly do not feel that Neal Greenberg defrauded him.  I feel that Leonard Cohen, Neal Greenberg, and Richard Westin were wrapped in attorney/client privilege and they all defrauded the U.S. government.  

Q: Did you ever agree to any of that?

A: No.  I felt I was being asked to participate in criminal conduct.

(RT 460)

 Custody Matter:

Q: And when was this custody issue with Ray, regarding Ray?

A: It began on May 25, 2005.

Q: Okay.  What happened on May 25, 2005?

A: A SWAT team came to my house.  I guess.  I was told it was a SWAT team.

(RT 461)

Q: At any point, did you actually have a legal custody battle regarding Ray? ...

A: Yeah, the next day.

Q: Okay.  And what was that custody issue?

A: That I was taken to King Drew by LAPD.  I lived in Brentwood.  And when I was released 24 hours later a custody matter had been filed.

Q: Okay.  Now, are you aware whether or not for that custody battle, one day after that incident with the police, did Mr. Kory have a declaration in that case?

A: The same day, May 25, 2005.

Q: Okay.  Now, how well, do you know or did you know Mr. Kory?

A: I don’t know Mr. Kory at all.

(RT 462)

Q: So the person that you had met three times in your life wrote a declaration in your custody battle that happened one day after the police came?

A: Yes.  Stating that he was writing it on behalf of himself and Leonard Cohen.

(RT 463)

Q: Now you mentioned earlier about IRS and tax situation.  Were you ever contacted by any tax authorities regarding Mr. Cohen’s taxes?

A: I don’t know if I was contacted regarding Mr. Cohen’s taxes.  As I reported the tax fraud to Agent Bill Betzer, I was working on paying my own taxes, and he suggested that I contact the Fraud Unit with anything I had to report,.  And so I contacted the Fraud Unit by ph9one and then I filed a complaint online with the IRS.  And I also called the IRS in Washington.

Q: When were you told to contact the Fraud Unit?

A: I spoke to Agent Bill Betzer on April 14th, 2005 after I paid my taxes in full.

(RT 463)

Q: What did you tell these authorities when you spoke to them?

Streeter objects.  Relevance.
Court sustains.

Q: You heard voice mails regarding IRS; is that correct?

A: Right.

Q: Can you tell us what you meant?

A: What I meant by the IRS?

Q: Yes.

A: Well, I did receive an email - I mean I did receive a phone call from Agent Kelly Sopko of the Treasury regarding this matter  And I did meet with her and her partner, whose name is Brandon.

Q: What year was that?

A: That was 2007.

(RT 464)

Q: What did you write about in those emails?

A: Well, I think I attached Agent Sopko’s email to me; saying that she found an appropriate individual for me, which is Agent -- to report this to, which is Agent Luis Tejeda of the IRS Unit in Los Angeles.  And to go to Agent Tejeda with whatever information and evidence I had regarding this tax matter.

Q: Did you ever notify Mr. Cohen or any of his representatives about this tax issue?

A: Well, they have a copy of the email to me from Kelly Copko.  So yes, I did.

(RT 464-465)

Streeter objects.  Nonresponsive.
Judge overrules.

Q: Now, after you sent this email regarding your conversation with Agent Sopko -- 

A: Right.

Q: -- Did Mr. Cohen ever get a restraining order against you in the State of California?

A: You know, I’m a little unclear about the restraining orders in California.  My answer right now is yes, because it’s obvious he did.,  But I have a lot of confusion about it.

(RT 465)

Q: Now, during these voice mails and emails, we heard about Phil Spector.  What’s your knowledge about Phil Spector?  How do you -- where did that come from?

A: When Marty Machat died -- Marty Machat represented Leonard Cohen and Phil Spector.  When he died, I ultimately became Leonard Cohen’s personal manager and I interned with Phil Spector.  For -- especially for 1988 and 1989.  Thereafter, I worked for him from time to time. 

Q: Now, we heard evidence about an interview that Mr. Cohen had with the Los Angeles Police Department.

A: I believe it was actually the Sheriff’s Department.  I thought it was LAPD too.

Q: Well, were you present for this interview?

A: I was present beforehand with my attorney, Steve Cron.

(RT 466)

Q: Okay.  And what happened after you were present?

A: I explained to Steve Cron that the detectives had asked me to arrange an appointment with Leonard Cohen and I did not want to be dragged into Phil Spector’s matter.  I thought it would affect the custody of my child to some degree, and I just really did not want to be dragged into it.  So Mr. Cron advised me to leave the house before the detectives came.  I was leaving and ran into Detectives Tomlin and Fournier out on the steps of Leonard Cohen’s house.

Q: You heard the story about Phil Spector putting a gun to Mr. Cohen’s head?

A: Well, I’ve heard that he put a gun to his neck and I’ve heard he’s put a gun to his head.

Q: Now, is this what you learned from Mr. Cohen prior to that interview with the police?

A: No, it is not.

Streeter.  Objection.  Relevance.

Witness:  I was not under the impression,, I was told.

Court:  Sustained.

Q: Now, you heard voice mail and emails regarding the Phil Spector issue, and you mentioned in the email about -- something about a Grand Jury.  What did you mean in those emails?

A: What I meant is that Mick Brown of the UK Telegraph wrote me --

Streeter objects.  Relevance.
Court overrules.

Witness: -- and advised me that he was writing a book on Phil.  That he had Grand Jury testimony, and that Leonard Cohen had testified against Phil Spector.  He later wrote, recently, and said he was confused.  It wasn’t actually testimony -- this was in the past couple of days, a few days, and it wasn’t actually testimony.  Statements were given of Leonard Cohen’s to the Grand Jury.  So I was confused, and because Mr. Brown felt that Leonard Cohen had given testimony, I thought he testified and was shocked.  

(RT 467-468)

Q: Now, we also heard evidence about a default judgment in 2005.  Are you familiar with that?

A: Yes, I am.

Q: Now, did you ever receive any summons regarding the lawsuit?

Streeter:  Objection.  Relevance.

Witness:  I as never served with a lawsuit.

Court:  Overruled.

Q: Did you ever get any discovery about the lawsuit?

(RT 468)

A: I believe one document request from Gibson, Dunn, and I didn’t realize it was from another lawsuit.  I didn’t realize until Ken Freeman, Judge Ken Freeman’s court transcriber/reporter called me recently and told me that there are two lawsuits and not just one.  So I received a document request is what I’m stating, and that’s what I recall.

Q: Dod upi ever get the complaint in that case?

A: No.  I read the complaint when it was put online in April of 2010 and was astounded at the allegations.  

Q: Did y9ou ever appear in court in that case in 2005?

A: No, I did not.  I was not notified as to any hearings.

Q: Were you ever represented by an attorney in that case in 2005?

A: I was not.

Q: Did you ever present your version of the story or the account of that case to anyone in 2005?

Streeter:  Objection.  Relevance.
Court:  I’ll allow this question.

A: Well, I mean, to the news media.

Q: But to court anytime during the legal proceedings?

(RT 469)

A: No.

Q: Now, you also mentioned in your emails and voice mails something about working pro9 bono for Mr. Cohen.  What did you mean in those boice mails and emails?

A: Well,, no.  My wages were garnished this past September 2011 by the state.  And they want my 2004 and 2005 tax returns, which is what I hvae been fearing.  As does the IRS now.

And what I am saing is that I said that I was confused about how to file my tax returns.  Because Leonard Cohen has gone into court and stated, I believe - if my interpretation is correct, his allegations that if he deposited his royalties into his personal account I was not entitled to my commission.

Q: Okay.  Did you work pro bono at any time?

A: No, and that’s what Doug Davis of the Franchise Tax Board said to me:  You didn’t work pro bono for Mr. Cohen, did you?

Q: Who is Doug Davis?

A: Doug Davis is a tax advocate that was assigned to me to remove the lien while I attempted once again to get the tax information I needed to file my returns.

(RT 470)

Q: Now, you said something about Rutger losing his fingers.  Now, is there any reference to this in the emails that you’ve heard?

A: I believe there is, yes.  I think Leonard Cohen testified to something about it.

Q: And did you ever say that Mr. Cohen cut off Mr. -- or your son’s fingers?

A: No, I did not.

Q: What did you mean when you talked about blaming Mr. Cohen?

A: I don’t blame Mr. Cohen.  My son, Rutger, personally believes that if I had not gone to the IRS, reported this tax fraud, created a contentious situation with Leonard Cohen, that he wouldn’t have lost his fingers.

Streeter objects.
Court sustains.

Q: You’ve never accused Mr. Cohen for being responsible for cutting off --

Streeter objection as to --

A: Well, he doesn’t have a meat grinder at Whole Foods, so it would be impossible.

Streeter objects.  Nonresponsive.
Court sustains.

(RT 472)

2008 Boulder Order.

Q: -- Did you ever waive an evidentiary hearing in that case?

A: I most certainly did not.

Streeter objects.  Relevance.
Court overrules.

Witness:  Absolutely not.

Q: Did you ever present evidence in that 2008 hearing?

A: No one did.

Streeter objects.  Vague as to which hearing.
Court overrules.

Q: You mentioned that you had asked to be a protected party on that order.

A: I asked Judge Enichen, I told her Leonard Cohen was dangerous to me, and I asked her if the restraining order would protect me.

(RT 474)

Q: Okay.  And what were you under the impression of?

A: That this man has tried to destroy my life, and I felt I should be protected by a restraining order.

Q: Did you believe that that order was protecting you?

A: I don’t really believe restraining orders protect anyone, to be honest with you.

Q: Did you believe --

A: But I hoped that it would stop some of the insanity.

Q: Okay.  Were you -- did you ever contact any authorities regarding Mr. Cohen?  Any law enforcement?

A: Yes, actually.  Repeatedly.

Q: And when did you do that?

A: For a number of years.  I’ve contacted LAPD for years about Leonard Cohen.  I’ve contacted the District Attorney’s office.  I’ve filed a complaint with the District Attorney’s Major Fraud Unit.  I’ve kept the District Attorney copied in eon emails, you know, so that no one can deny later that I have attempted to report these types of tactics that have been used against me.

I’ve contacted the Federal Bureau of Investigation about it.  I’ve contacted Agent Sopko of Intelligence with the Treasury, with the IRS.  

(RT 475)

Q: You mentioned earlier also about the tax information that you learned about regarding -- or after your conversation with Doug Davis.  What exactly did you -- what kind of tax information were you looking for?

A: Well, Doug Davis was a very kind man and agreed to remove the tax lien.  Because I would have ended up homeless again.  But he told me he would give me 60 days to obtain -- first of all, we went over the fact that I was confused about what to call, what I thought were my commissions on Dear Heather because Leonard Cohen said if he deposited it into his personal account, I wasn’t entitled to it.  I have evidence proving otherwise.

But I’m concerned about filing anything that could be construed as fraudulent, and because of the tactics used against me in the legal issues where everything is twisted, I don’t want to file anything that’s confusing.

So he told me they don’t believe I did charitable or pro bono work.  So Doug Davis told me to report that as income, and I told Mr. Davis this has been since 2004, I would call City National Bank to see if I could get copies of my bank statements, even though I don’t have the money.  He said they probably wouldn’t have them any longer.  

So, they didn’t call me back, they refused to call me back.  I called their Legal Department also.

Streeter objects.  Nonresponsive.
Court:  Let’s wait for a question.

Q: You mentioned something about City National Bank.  What did you do to contact City National Bank?

A: I called their Legal Department to ask for my bank statements.

Streeter objects.  Relevance.
Court sustains.

(RT 477)

Q: What tax information were you requesting?

A: I am trying to determine the total amount that I was given as a commission in the year 2004.  Not just for Dear Heather.  There were other royalties.

Q: Okay.  Did you try to get this information from other sources?

A: Well, I tried to get it from City National Bank, which would be the only other source.

Q: Did you actually have those actual physical records in your possession?

A: No.  I’ve lost everything.

Q: When did you lose everything.

Streeter objects.  Nonresponsive.
Court overrules.

A: So I have nothing.

Q: From 2006 to 2012, did you ever receive the documentation that you were requesting from Mr. Cohen?

(RT 478)

A: No, I have not.

Q: From 2006 to 2012, did you ever receive that tax information you were requesting from Mr. Kory? 

A: None of it.

Q: From 2006 to 2012, did you ever get the tax information you were requesting from Ms. Rice?

A: No.

Q: From 2006 to 2012, did you ever get any of the tax information you needed by any accountant of Mr. Cohen’s?

A: No, I did not.

Q: From 2006 to 2012, did you ever get any of the tax information that you needed from anyone related to Mr. Cohen?

A: No, I did not.  I’ve been told that --

Streeter objects.  Nonreponsive.

A: -- the restraining order now prohibits it.

Streeter:  No question pending.
Court:  Sustained.

Q: ... Did you write these emails?

A: Well, I've written emails, I'm not going to give a blanket statement that I've written all the emails.  I will go through every one of them and say whether or not I did.

(RT 479)

Q: Why did you include so many people in those emails? ...

A: Because I was advised to document everything in emails, and I was advised to copy witnesses in.  And so some of those witnesses are, I felt, the IRS Commissioner’s Staff, the Federal Bureau of Investigation, the Department of Justice, Agent Sopko.  Now Mr. Doug Davis.  

I felt because I don’t have a lawyer and I was told I might probably be a witness in Phil Spector’s matter, that I should copy in Dennis Riordan, possibly Bruce Cutler.  Clearly the District Attorney’s office.

It’s a very serious matter and I don’t have legal representation.  So I felt it would be good -- instead of someone later saying this is hearsay or she told me this, she told me that, that all parties would be copied in so I couldn’t be accused of anything that looked like a disparity later.  

(RT 480)

Q: Did you send all of those emails within that thread to everyone?

A: Yeah.  If what you’re saying is -- the emails might have gone on for a month.  It might be one thread.  And what I would do, for instance, if I was writing about an issue that I felt dealt with the IRS, I would write to the IRS Commissioner’s Staff.

If I was writing something having to do with, I felt, with the Federal Bureau of Investigation, which they told me, let the IRS take the lead, we will be brought in with respect to criminal witness and evidence tampering, I would copy in the FBI.

If I felt it had to do with something relating to Phil Spector, I would copy in Dennis Riordan, at a time Doron Weinberg, Iris Keitel, Mr. Spector’s former manager at ABKCO Records.  Steve Cooley, Alan Jackson, Truc Do, William Frayeh, who is an investigator, and John Thompson who came to meet with me.  I filed a complaint about the DA with Internal Affairs.  

(RT 481)

Q: Was it ever your intent to harass any of the recipients of the email?

A: No, it was not.

(RT 482)




-- 
Q: What's brown and looks really good on a lawyer?
A: A Doberman.