Wednesday, March 28, 2012

This is a cached copy of the facebook page, Jan. 21-March 18.
Will have to repost the documents, but this gives you a sense of what was on the page.
Again, I received no email notice from facebook or explanation as to why this was removed.


Copied from cache files:




In his estate plan, music icon James Brown established the "I Feel Good" Trust to provide scholarships to needy and deserving children in SC and GA. Will his final wish be granted? FOIA lawsuits in Newberry, SC may help to decide the answer.



James Brown "I Feel Good" Trust (FOIA Concerns) shared a link.

AG Wilson wins fight to take Newberry FOIA lawsuit to Richland (SC)
Solicitors From Hell 2

solicitorsfromhell2.com

On Wednesday afternoon Judge Frank Addy Jr. ruled that a Newberry Freedom of Information Act (FOIA) lawsuit should be moved to Richland County. Former James Brown Trustee and Newberry resident Adele Pope brought the lawsuit in August after her June FOIA request for documents was denied by Attorney G.....

Like · Comment · March 13 at 5:00am ·
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.James Brown "I Feel Good" Trust (FOIA Concerns) shared a link.

Recovery of James Brown’s missing millions delayed by AG, outside parties (SC) – Estate of Denial

www.estateofdenial.com

An Aiken hearing related to the estate of music icon James Brown, scheduled for Feb. 29, is being rescheduled at the request of those who are not parties in the case...

Like · Comment · March 13 at 4:21am · .Gwen Morton likes this..



.James Brown "I Feel Good" Trust (FOIA Concerns) shared a link.


EURweb

www.eurweb.com

The trust of legendary singer and icon James Brown has been battered by greed and confusion since his death...

Like · Comment · March 12 at 8:25pm · .

.James Brown "I Feel Good" Trust (FOIA Concerns) shared a link.

Judge dismisses man's James Brown claim

chronicle.augusta.com

COLUMBIA -- Chief U.S. District Judge Margaret Seymour has dismissed a complaint from a man who said he was the "brother/cousin" of the late soul singer James Brown.

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Like · Comment · March 12 at 8:23pm · .

.James Brown "I Feel Good" Trust (FOIA Concerns)

The FOIA is being flagrantly ignored by the AG's office, and this afternoon I sent the email below to Mark Plowden, communications director. This is "Sunshine Week," in which we celebrate the Freedom of Information Act. If you know someone in the AG's office who can make the point that above all offices, his should comply--please, help.



Dear Mr. Plowden,



On Jan. 29, 2012, I wrote a letter to T...racy Meyers of the AG's office--a letter which was sent by certified mail and stated in part:



"I also request under the FOIA a copy of the Legacy Trust and the McMaster settlement deal, as well as documents, including emails and electronic communications, related to:







1) The AG’s decision not to seek restitution from David Cannon.



2) The AG’s decision to delay the dismissal of David Cannon’s $6 million claim against the James Brown estate.



3) The $4.7 million at-death valuation of the James Brown music empire."











I received from Ms. Meyers a letter in response to my Jan. 8 request that she reconsider releasing documents related to the Wingate/McMaster contract, but I have received NO response on the Jan. 29 letter (or to my March 1 request for a copy of Tomi Rae Hynie's diary).



I would appreciate it if you would remind your colleague, Ms. Meyers, as to the provision of the FOIA that requires a response within 15 business days.



I also would appreciate it if you would arrange to have someone involved in the David Cannon restitution hearing this afternoon in Aiken to call me. I can be reached at 803-276-6197 or 803-271-3500.



Thank you,



Sue SummerSee More

Like · Comment · March 12 at 3:46pm ·

.James Brown "I Feel Good" Trust (FOIA Concerns) shared a link.

James Brown's family to ask judge for reconsideration in former trustee sentence

www.wrdw.com

A South Carolina judge sentenced Cannon to three years of house arrest. Cannon will be on probation for five years after the house arrest...

Like · Comment · March 12 at 2:35pm · .

.James Brown "I Feel Good" Trust (FOIA Concerns)

Recovery of James Brown’s Missing Millions Delayed By AG, Outside Parties



By Sue Summer

For The Newberry Observer 1 March 2012



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Like · Comment · March 12 at 2:28pm ·

.James Brown "I Feel Good" Trust (FOIA Concerns) shared a link.

Search for James Brown’s missing millions returns to Aiken - On Wednesday an attempt will be made t

newberryobserver.com

Search for James Brown’s missing millions returns to Aiken - On Wednesday an attempt will be made to recover between $12 and $17 million taken from entertainment icon James Brown by accountant David Cannon one of three original trustees of Brown&.....

Like · Comment · March 2 at 9:47am · .

.James Brown "I Feel Good" Trust (FOIA Concerns)

Latest story for Newberry Observer, hoping to attend the hearing on Wednesday.



Search for James Brown’s Missing Millions Returns to Aiken



By Sue Summer

...

Continue Reading

Like · Comment · February 26 at 7:02am · Rande Yates Moolenaar likes this..



James Brown "I Feel Good" Trust (FOIA Concerns) Original James Brown trustee David Cannon took about $17 million from Brown and his estate, and in October Cannon entered a plea on a part of what he had stolen. He was sentenced to 20 months home confinement, but no restitution was reques...ted by the AG's office, which tried the case. Four years ago Cannon filed a claim against the estate, saying he is owed $5 million for his service as trustee. Newberry attorney Adele Pope and Aiken attorney Robert Buchanan, former Brown trustees, recently filed to intervene in that case so that they can ask for Cannon's $5 million claim to be dismissed, given his plea in October. (Neither the AG's office nor the current trustee, Russell Bauknight, made any effort to dismiss Cannon's claim.) There will be a hearing Wednesday on whether to allow Pope and Buchanan to intervene in the effort to recover some of Brown's missing millions.See More

February 26 at 7:20am · 1..James Brown "I Feel Good" Trust (FOIA Concerns) added 31 new photos to the album Pope's Feb. 14 filing re Cannon case.

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Like · Comment · February 24 at 9:24am · .Gwen Morton likes this..



Sue Summer After taking $17 million from James Brown, David Cannon filed for an additional

February 24 at 9:39am..James Brown "I Feel Good" Trust (FOIA Concerns)

Bravo!

Lawmaker Aims to Strengthen State’s Open Government Law

scthenerve.wordpress.com

South Carolina’s Freedom of Information Act may soon be getting more enforcement teeth. A bill that passed through a House subcommittee Wednesday allows state and local entities to charge only.....

Like · Comment · February 10 at 6:55am · .

.James Brown "I Feel Good" Trust (FOIA Concerns)

Notice the Texas AG ruled this "charity" was a public body because it was subsidized by taxpayers. The Legacy Trust was set up by the AG, and its trustee serves at the pleasure of the AG: indeed, it is under the complete control of the AG, an elected public official. Of course, the Legacy Trust is a public body and should be subject to the FOIA. It would be in Texas, anyway. Why not in South Carolina???

Tom Green County children's center director pleads guilty to stealing money from group
Texas Watch

www.texaswatchdog.org

The exiled head of a nonprofit children’s center in San Angelo pleaded guilty Friday to stealing money from the group, which has been heavily subsidized by taxpayers...

Like · Comment · February 2 at 12:02pm · .Lou Ann Anderson likes this..



.James Brown "I Feel Good" Trust (FOIA Concerns)

From the Newberry Observer

Wilson’s Dodge of FOIA Suggests: Wingate Sued James Brown Trustees Without Valid Contract



By Sue Summer 21 January 2012



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Like · Comment · January 25 at 5:14pm ·

.James Brown "I Feel Good" Trust (FOIA Concerns)

The AG's office withheld a 3-page "draft" of a litigation agreement that senior assistant Tracy Meyers claims is "private" under section 30-4-40(a)(2) of the FOIA. The section she mentioned addresses "information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy." In "Public Official's Guide to Compliance with South Carolina's Freed...om of Information Act," the S.C. Press Association comments on this section: "This is an often-abused area within the FOIA because it's made into an overly broad blanket to cover things that don't need covering. The personal privacy spoken of here involves the privacy of Joe Citizen, who deserves such protection. Public officials, in whom trust is an important factor, are held to higher standards..." The letter sent to Bauknight on May 18, 2010, was written on the official letterhead of the AG's office, State of South Carolina, and signed by AG Henry McMaster, not by "Joe Citizen."See More

Like · Comment · January 21 at 7:56am ·





James Brown "I Feel Good" Trust (FOIA Concerns) Response to Ms. Meyers, sent by email Jan. 21:

Dear Ms. Meyers:

Pursuant to my letter of Jan. 8, 2012, I am disappointed that the AG’s office has chosen to withhold public documents.



The 3-page "draft" of a litigation agreement that you ...claim is "private" was sent to Russell Bauknight by an elected official of the State, being paid with taxpayer dollars. The section of the FOIA you mention, 30-4-40(a)(2), addresses "information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy."



I do not believe members of the AG’s staff received a copy of the 3-page “draft” as private citizens.



In "Public Official's Guide to Compliance with South Carolina's Freedom of Information Act," the S.C. Press Association comments on 30-4-40(a)(2),: "This is an often-abused area within the FOIA because it's made into an overly broad blanket to cover things that don't need covering. The personal privacy spoken of here involves the privacy of Joe Citizen, who deserves such protection. Public officials, in whom trust is an important factor, are held to higher standards..."



I am not an attorney, but it seems to me that the letter sent to Bauknight on May 18, 2010, was signed not by “Joe Citizen,” but by AG Henry McMaster. The letter and accompanying documents were sent to Bauknight not as “Joe Citizen,” but as a trustee appointed by Henry McMaster in his official capacity as AG—as a trustee who serves at the AG’s pleasure. Therefore, this letter and accompanying documents would carry the weight of the Attorney General’s office and must invoke the FOIA.



In support of my position, consider the opinion of then-AG Henry McMaster, written May 19, 2006: “Our Supreme Court, in the Weston case, as well as decisions in other jurisdictions, and our own opinions, have recognized that ‘indirect’ or ‘in kind’ public funding, such as by virtue of an entity’s use of public employees or governmental resources, is sufficient to invoke the FOIA.”



Unless you are making the claim that the State of South Carolina has NO contract with Russell Bauknight or Kenneth Wingate to sue Robert Buchanan and Adele Pope on behalf of the State, I cannot be convinced that you have complied with my FOIA request for a copy of the McMaster/Wingate contract.



Even the standard litigation agreement, which you released Friday, supports my position that – if there is a contract—it is a public document.



In regard to the documents you did release, I request clarification:



1) IF the State does have a contract, I do not believe any portion is private because the contingency fee contract states to the contrary (III-F, Public Records): “Any material, data, file, discs, or documents created, produced or gathered by Special Counsel or in Special Counsel’s possession in furtherance of this litigation shall be considered the exclusive property of the State of South Carolina. Special Counsel agrees to adhere to South Carolina’s Freedom of Information Act…This Agreement shall be considered a public document.”

2) IF there is a contract, I also see under Article II-A-3 that all “pleadings, motions, briefs, formal documents, and agreements” must bear the signature of the AG or his designated assistant. Even though the AG is listed as a plaintiff in filings, I do not find signatures for the AG or his staff on any documents previously filed in this case. Please explain.

3) The statement “this agreement is between private parties” leads me to wonder how Mr. Bauknight can purport to speak for the State. Is there a separate authorization agreement between the AG’s office and Bauknight? If so, I hereby request a copy of that document under the FOIA.

4) Since my request was for a copy of a contract, if the State now claims there is NO contract, would not the “wisest” response to my request have been simply to state that there is none?

5) In short, please confirm whether there is or is not a valid contract between the State and the Wingate firm that authorizes Bauknight to sue on behalf of the State.



Your prompt attention to this already delayed request would be most appreciated and most in line with the guidance offered by AG Wilson in his letter to public officials regarding the FOIA.



Sincerely,



Sue SummerSee More

January 21 at 9:21am..James Brown "I Feel Good" Trust (FOIA Concerns) added 14 new photos to the album AG did not sign contract to sue former James Brown trustees.

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Like · Comment · January 21 at 7:35am · .





James Brown "I Feel Good" Trust (FOIA Concerns) Under SC FOIA, the AG's office has released a May 18, 2010, letter from AG Henry McMaster to the James Brown trustee that he appointed, Russell Bauknight. The letter was written one day before Bauknight, purporting to speak for the State, f...iled a lawsuit in which he seeks tens of millions of dollars from former James Brown trustees Robert Buchanan and Adele Pope. The AG has not signed any pleadings in the case, as would have been required had Bauknight's lawyer, Kenneth Wingate, had a contract with the State. The McMaster letter and unsigned contingency fee agreement released under FOIA raise more questions than they answer, foremost among them: did the State ever have a valid contract for the lawsuit. Senior assistant AG Tracy Meyers refused to release a "draft" of a 3-page "agreement for legal services," asserting: "this agreement is between private parties." Article III-F of the unsigned, standard litigation agreement--also released Friday-- requires compliance with the FOIA.See More

January 21 at 8:01am..Older Posts

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