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bhilden
Trad climber
Mountain View, CA
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Happiegrrrl,
clearly, there is a possibility that they have all lawyered up on certain specific details that could be used against them in a criminal or civil action, but there are basic things like Riley Wyna pointed out such as photos which could be used to help soften the impact of the accusations. We haven't seen anything, just a restatement of the same things they have been saying since the alleged fraud was disclosed.
Also, you could make the point that if there is nothing to hide then there is no need to lawyer up. If the books are clean, then open them up and prove the doubters wrong.
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kunlun_shan
Mountain climber
SF, CA
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Mar 13, 2012 - 02:33am PT
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Full story at http://missoulian.com/news/state-and-regional/montana-ag-s-office-to-release-mortenson-charity-probe-this/article_ff4d62b8-69a0-11e1-af2a-0019bb2963f4.html
Montana AG's Office to release Mortenson charity probe this month
By GWEN FLORIO of the Missoulian | Posted: Thursday, March 8, 2012 11:00 pm
The Montana Attorney General’s Office will release the results of its investigation into the charity run by “Three Cups of Tea” author and mountaineer Greg Mortenson by the end of the month.
“No matter what happens in the next few weeks, we will definitely have an answer,” said spokesman John Doran.
That probe into whether Mortenson benefited from donations to his Central Asia Institute – which builds girls’ schools in Afghanistan and Pakistan – is winding down amid new filings in an unrelated lawsuit that names CAI, Mortenson and his MC Consulting firm, “Three Cups” co-author David Oliver Relin and publisher Penguin Group.
The class-action suit alleges Mortenson made up parts of the best-selling autobiography that recounts his getting lost during an excursion to K2 and spending time in a remote Pakistani village whose people inspired him to build a school. And it accuses him of “hatching a scheme” to use the books to raise money for CAI, and then spending some of that money on himself.
The suit seeks reimbursement for the estimated 4 million people who bought “Three Cups of Tea” and its sequel, “Stones Into Schools.”........
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kunlun_shan
Mountain climber
SF, CA
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News from this morning on the Montana Attorney General's investigation of Greg Mortenson and CAI.
Wow! GM got off very lightly. Paying back $1 million is little compared with what he gained, except for eternal damage to his reputation.
See the settlement agreement:
https://dojmt-zippykid.netdna-ssl.com/wp-content/uploads/2012_0405_FINAL-REPORT-FOR-DISTRIBUTION.pdf
and from: https://doj.mt.gov/2012/04/montana-attorney-general-announces-settlement-with-greg-mortenson-central-asia-institute/ :
Montana Attorney General announces settlement with Greg Mortenson, Central Asia Institute
Montana Attorney General Steve Bullock on Thursday announced a settlement agreement with Greg Mortenson and the Central Asia Institute, concluding a yearlong investigation into allegations of mismanagement of assets by Mortenson and the charity.
“Greg Mortenson’s pursuits are noble, and his achievements are important,” Bullock said. “However, serious internal problems in the management of CAI surfaced. As Attorney General, I’m tasked with overseeing nonprofit charities operating in Montana. Through our investigation, the Montana Department of Justice sought to determine whether Mortenson and the leadership of his organization had violated the law governing nonprofit corporations.”
The Attorney General launched the parallel investigations into Mortenson, co-founder, executive director and board member, and the Bozeman-based charity on April 19, 2011. Based on the results of the investigation, the Attorney General has concluded that CAI’s board of directors failed to fulfill some of their responsibilities as board members of a nonprofit charity. Further, Mortenson failed to fulfill some of his responsibilities as executive director and as an officer and director of the organization.
Through the settlement, Mortenson agreed to repay in excess of $1 million to the charity, including credit for some payments already made, for book royalties, speaking and travel fees, promotional costs and inappropriate personal charges. Mortenson, who resigned as executive director in November, will remain as an employee of the organization. However, through the settlement, he agrees to no longer oversee financial aspects of the charity or serve as a voting member of the board of directors so long as he remains an employee. A new executive director will be hired.
The remaining two board members agreed to step down after a transitional period of 12 months while, in the meantime, a new board consisting of no less than seven members is appointed. More organizational and financial controls have also been implemented in the organization to restore the donating public’s trust. The Attorney General’s Office will monitor the charity for a period of three years to ensure compliance.
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Toker Villain
Big Wall climber
Toquerville, Utah
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Lets see how he plays it from here.
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Largo
Sport climber
The Big Wide Open Face
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And it accuses him of “hatching a scheme” to use the books to raise money for CAI, and then spending some of that money on himself.
------
This, in and of itself, is basically the standard business strategy of most every "enterprise" out there. People hatch a scheme and try and make it profitable and then rake off all they can as the dough rolls in. The mistake made here is that said profits were purportedly going solely to the betterment of Arab virgins while our boy was putting down the bubbly on the concord. And the part about getting lost on his way to K2 and spending time in a poor man's Shangra La and owing to an emotional conversion like St. Francis, deciding to build schools for the virgins -- at that is something only an imbecile would swallow whole.
The fact of a "non-profit" org. is pretty flimsy in most cases. To really understand any of this we'd need to see a full accounting of the dough, and that will never happen so it's basically all conjecture.
JL
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bhilden
Trad climber
Mountain View, CA
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It appears that the Montana Attorney General went after charges that they were confident they could prove. If you have the financial records showing mismanagement then that really helps make the case. That seems reasonable.
What I think will be the most interesting aspect is what does CAI do to restore credibility? I will be very disappointed if they continue to ignore the multitude of questions raised about where the donations went and just keep saying 'everything is fine.' The CAI really needs to provide lots of documentation, photos and a timeline of what they have done in Asia. If they don't do that then only fools will continue to give these people any money.
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Port
Trad climber
San Diego
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Topic Author's Reply - Apr 5, 2012 - 03:31pm PT
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only an imbecile would swallow whole
I fully admit that I was duped. As were many others.
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Elcapinyoazz
Social climber
Joshua Tree
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Arab virgins while our boy was putting down the bubbly on the concord
I'm all for colorful writing, but the Central Asian people in question aren't Arab, and the last Concorde flight was in 2003.
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SteveW
Trad climber
The state of confusion
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This is the shpeil I got from CAI today. . . lame. . .
"A hundred years from now, it will not matter what kind of car I drove, what kind of house I lived in, how much money I had in the bank . . . but the world may be a better place because I made a difference in the life of a child." - Forest Witcraft
Asalaam Aleikum (Peace be with you). With this spring edition of Alima, we are happy and relieved to announce that the Montana Attorney General's Office (OAG) has completed its investigations of Central Asia Institute and our cofounder Greg Mortenson. Most important, our mission continues unabated.
In conjunction with the OAG's announcement of its findings, we created a page on our website designed to help supporters easily find the original documents and relevant information. In this edition of Alima, you will also find a personal message from Executive Director Anne Beyersdorfer about the AG investigations and resulting agreement.
For legal reasons, Greg is still not talking publicly about the OAG's conclusions. However, along those lines, we learned this week that a hearing on defendants' (CAI, Greg, et al) motions to dismiss the class-action lawsuit filed in federal court in Montana is scheduled for April 18, 2012, in Helena, Mont. As we have said all along, CAI believes that the claims made against all defendants involved are warrantless and meritless and hope the case will be dismissed with prejudice.
In other good news, CAI is also delighted to announce that it has been added to the list of nonprofit organizations eligible to receive federal employees' donations via the Combined Federal Campaign. More on that below, too.
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Message from Anne Beyersdorfer, CAI executive director | 4/5/2012
We are pleased that the Montana Attorney General's Office (OAG), Central Asia Institute (CAI), and Greg Mortenson have signed an agreement resolving the OAG's inquiries. While we respectfully disagree with some of the analysis and conclusions in the OAG's report, we look forward to moving ahead as an even stronger organization, focusing on CAI's vital mission. Most importantly, we are pleased the OAG's report reinforced that CAI's mission is noble and valuable and its achievements are important.
CAI has always been a small group of dynamic, mission-centric individuals doing extraordinary work. Mistakes were made during a rapid period of growth, and we have corrected or are in the process of correcting them. CAI continues to strengthen its governance, management, and accounting, including enforcing our policies and acting on any findings of the annual audits of our financial records.
During the OAG's 11-month inquiry, we continued our overseas work and educational outreach, including our Pennies For Peace (P4P) program, designed to empower children to create global awareness about peace through education, www.penniesforpeace.org. Highlights of all our programs are published on our website, www.ikat.org, the CAI Communiqué blog, www.ikat.org/cai-communique, and in our e-newsletter, Alima, www.ikat.org/alima.
Specifically, in 2011 we worked with villages in Pakistan, Afghanistan, and Tajikistan to initiate 57 new school and community projects while providing ongoing support to our existing projects in the remote, mountainous, and often war-wracked areas we serve. All of our projects are listed on our project master list, which is frequently updated: www.ikat.org/projects/project-list/
We are extremely grateful to our loyal supporters who provide the support to fulfill our mission, and to the communities, which typically match CAI funds with free land or subsidized or volunteer manual labor. Many of these schools are the first or only schools in their communities. Instruction of the children is based on Pakistan and Afghanistan's standard education requirements and subject to their peer review and certification.
In recent weeks some CAI overseas personnel have also been working hard to deliver winter disaster aid to isolated villages in Badakhshan Province in NE Afghanistan. Please see detailed reports at www.ikat.org/cai-communique/. In addition, CAI cofounder Greg Mortenson and Communications Director Karin Ronnow and I recently returned from Pakistan, where we spent several weeks working with program managers to confirm plans for schools and community projects in the upcoming year. As always, we have dedicated, resourceful men and women working in the field to make this happen.
CAI has worked with communities in remote regions for more than 15 years to build, supply, staff, and maintain over 180 schools and 30 vocational centers, and support an additional 56 schools, 20 literacy centers, eight scholarship programs, and 22 public health (potable water, midwifery, and disaster-relief) projects.
No other NGO does what we do in these locales with such a small team of dedicated individuals.
News fatigue about Pakistan and Afghanistan is evident everywhere we look these days. But the children and their parents, village elders, and teachers with whom we work cannot look away; this is about their futures. Greg and our overseas managers have dedicated their lives to helping fulfill countless dreams and aspirations and we are honored to continue our life-changing work together.
CAI is an educational organization; we learn and grow stronger from any adversity we face. This past year brought unprecedented challenges for all of us at CAI, our extended families and communities. Yet challenges yield opportunities, and we are extremely grateful for the ongoing opportunities provided by our steadfast supporters, as well as their constant compassion and care.
As Greg often says, "Onward"!
Shukria, Tashakur, Thank you.
Very truly yours,
Anne Beyersdorfer
Executive Director
ADDITIONAL INFORMATION:
MASTER LIST: Verification of overseas projects (www.ikat.org/projects/) by way of survey teams composed of US-based and overseas staff. Based on those assessments and evaluations, we prepare and post our Master Project List on our website, www.ikat.org/wp-includes/documents/masterprojectlist.pdf. The list is a "living document," in that it is constantly amended with the most current information available about each CAI project. We are currently developing an accompanying interactive mapping feature that will be an educational resource about our projects. www.ikat.org/projects/project-list/
BLOG: The CAI Communiqué includes stories about projects, communities and our overseas project managers, as well as news from the areas we serve. www.ikat.org/cai-communique/
FYE 2009 & 2010 AUDITS & ANNUAL REPORT: We take very seriously our obligation to ensure that donor funds are spent wisely. Tracking the money is part of our job. Last year for the first time, in conjunction with our FYE 2009 & FYE 2010 independent audit, CAI issued an annual report, focused primarily on financial information (stories about the projects have been published in the "Journey of Hope" each fall since 2007; and current news is now posted on our blog as it happens).
http://www.ikat.org/wp-includes/documents/Financials/annualreport2010-09.pdf
FYE 2011 AUDIT: CAI is undergoing an audit of fiscal year 2010, which ended Sept. 31, 2011. Once the audit is complete, a new annual report will be posted at www.ikat.org.
ADDITIONAL FINANCIAL INFORMATION: CAI's annual IRS 990s since inception are available on the financial page of our website, www.ikat.org/about-cai/financials/, and are available upon request at info@ikat.org.
EXPANDED BOARD OF DIRECTORS: Extraordinarily qualified and interested people are ready to serve CAI's mission, and the process of expanding CAI's Board of Directors and Board of Advisors is underway. The names of CAI's board members are posted at: www.ikat.org/about-cai/board-of-directors/.
GREG MORTENSON'S ROLE: As announced in December 2011, Greg remains on staff as co-founder. His role will be focused on delivering educational opportunities, especially for girls, in the communities we serve, and continuing to educate the public about peace through education.
http://www.ikat.org/wp-includes/documents/JOH2011DonorLetter.pdf
PENNIES FOR PEACE: Students, schools and community groups are active, and every penny collected has gone, and will continue to go, to schools in Pakistan and Afghanistan. For more information visit www.penniesforpeace.org.
CAI'S ORGANIZATIONAL EVOLUTION: Additional details about CAI's history are available online at www.ikat.org.
JOURNEY OF HOPE: Every year CAI publishes a detailed publication that summarizes our work, the challenges and problems we face, and the results of what we do as reflected by the people we serve. Electronic copies are available on our website, www.ikat.org/media-and-press/cai-publications/ and hard copies are available upon request at info@ikat.org.
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CAI added to Combined Federal Campaign's list of eligible charities
Central Asia Institute has been added to the list of charities eligible for donations through the U.S. government's Combined Federal Campaign.
Students in CAI's Wark High School, Badakhshan Province,
Afghanistan.
The Combined Federal Campaign, or CFC, is the largest annual workplace charity campaign in the world, according to the campaign website, www.opm.gov/cfc/. It allows federal employees - civilian, postal and military workers - to pledge support for eligible nonprofit organizations through a payroll deduction. On average, 57 percent of the federal workforce donates to the campaign.
"This is something that many of our military supporters have requested for a long time, so this is very positive news," said CAI's US Operations Director Jennifer Sipes.
One of those people is a U.S. Air Force captain, who wrote to CAI urging our participation in the campaign.
"I read 'Three Cups of Tea' several months ago and have long supported education initiatives. I believe, dollar for dollar, education solves more problems than other humanitarian efforts," he wrote. "I have many peers within the Air Force who have read 'Three Cups of Tea,' have spent significant time in Afghanistan and support your efforts. I'm certain the Central Asia Institute would receive significant donations from federal employees if you register with the CFC."
The CFC was set up by President John F. Kennedy in 1961 "to promote and support philanthropy" by "providing all federal employees the opportunity to improve the quality of life for all," according to the website. Its 200-plus campaigns helped raise more than $280 million dollars in each of the past two years.
"The civilian workforce in my hometown of Seattle (King County) alone contributed over 3 million dollars toward charities in 2009 and I've been part of military installations that have contributed over $10 million each year," wrote another supporter, a retired U.S. Navy sailor who now works for the U.S. Labor Department in western Washington. "It's one large way that we public servants give to charity and definitely the armed forces' favorite way to contribute."
Like the Air Force captain, the Washington supporter said he was "turned on" to CAI after reading "Three Cups of Tea," one of two books written by CAI cofounder Greg Mortenson.
"I have been amazed with [Mortenson's] work and simplicity of focusing efforts in the right places for long-term benefits. Your organization is so right on the money," he wrote. "My friends and family would like to help and contribute."
Yet another CAI supporter in Southern California was also inspired by Mortenson's book.
"I just got done reading 'Three Cups of Tea,' and went to check the Combined Federal Campaign to see if CAI was listed as a charity," he wrote. "I did not see CAI listed. I assume CAI knows about this area of donation opportunity."
He, too, urged CAI to look into CFC eligibility, as it would give us access to a potential donation pool of "millions of federal, postal and military employees" who "donate to charities right from their paychecks," he said. "I am a federal employee (who) participates in the CFC each year. ... In the Greater Los Angeles Area, it collected over $3 million this last campaign."
Federal employees can, in most cases, donate online and choose which eligible organization receives that donation. Payroll deductions let workers spread contributions over an entire year. The automated system keeps overhead low, meaning more money goes to the nonprofit organizations. Federal employees can find the campaign nearest them at www.opm.gov/cfc/search/locator.asp.
QUOTE: "Our most basic common link is that we all inhabit this planet. We all breathe the same air. We all cherish our children's future. And we are all mortal." - John F. Kennedy.
Karin Ronnow
Gray
Visit our blog
Bhamber Girl's Middle School students welcome guests to their new school in January 2012.
The latest news from CAI is always available on our blog, www.ikat.org/cai-communique. Topics covered so far this year include: CAI helps hundreds of families stranded by winter storms in NE Afghanistan; Avalanche kills extended family; reprint of a column about Greg and CAI published in a Pakistani newspaper; profile of a new CAI girls' school; and the benefits of CAI's expanding work in Pakistan's troubled Khyber-Pakhtunkhwa province.
Also, you can sign up to receive an e-mail notice whenever the blog is updated at www.ikat.org/cai-communique.
Please feel free to forward this electronic newsletter to any and all people you think might be interested. Thanks for helping us spread the word.
As we head into the spring building season of 2012, we at CAI - inspired by the communities we serve and our supporters' commitment to peace through education -remain focused on helping children in the last best places achieve their dreams of a bright future.
Peace,
Central Asia Institute staff
It's easy to share...
A Mir Afghan student reads her lesson aloud. The students attend classes in a rented house until CAI completes construction of their new high school.
Help us promote girls' education, literacy and peace: one penny, one pencil, one child, one book, and three cups of tea at a time! Make a tax deductible donation to Central Asia Institute to promote and support community-based education, especially for girls, in remote regions of Pakistan, Afghanistan, and Tajikistan.
www.ikat.org/make-a-donation
CAI is U.S. registered 501(c)3 nonprofit organization, IRS EIN #51-0376237. Contributions are tax-deductible in the U.S.
For the latest news, check out our blog, CAI Communiqué, at www.ikat.org.
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Toker Villain
Big Wall climber
Toquerville, Utah
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Holy shlt Steve!
Are they allowed to say all that with a straight face?
Talk about spin-doctoring!
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SteveW
Trad climber
The state of confusion
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Quite the statement, eh Ron???
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bhilden
Trad climber
Mountain View, CA
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What I like is that they have a master list of all the projects they are supporting and, if I read the official CAI statement correctly, that list is verified by CAI staff. Is the fox guarding the hen house?
The bottom line here is that the CAI has a real credibility problem right now. They need to take extraordinary steps, not business as usual, to prove that they are legitimate. It is not sufficient to just 'stay the course.'
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graniteclimber
Trad climber
The Illuminati -- S.P.E.C.T.R.E. Division
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They had a good story. Too bad it was fiction.
With so many legitimate charities around, why would anyone continue to fund these crooks?
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Rick A
climber
Boulder, Colorado
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The report issued by the Montana Attorney General confirms the facts that Krakauers' private investigation revealed in Three Cups of Deceit. Mortenson was so brazen in his self-dealing with CAI that it took 10 years, Krakauer's book, a "60 Minutes" television expose, and the threat of prosecution to get him and CAI to finally do what any self-respecting nonprofit should have done in the first place.
Mortenson has been proven to be either completely untrustworthy, or simply dishonest, when it comes to handling other people's money. Remember that the one million dollars that the Montana Attorney General believes he improperly took for his own personal use is contributor's money (for example money donated by schoolchildren from Pennies for Peace to CAI),not his.
Much of what the Montana attorney general forced Mortenson to do under threat of prosecution was what CAI's own independent board members repeatedly requested and cajoled him to do 10 years ago . Hornbein and Wiltsie told Mortenson that what he was doing was wrong in 2002 and were forced off the board because they protested. They, along with JK, are the heroes in this story.
Here are some excerpts from the report:
Mortenson, in particular, consistently failed to comply with either commonly accepted business practices or CAI’s policy manual with respect to documenting expenses charged on CAI’s accounts. The issue was repeatedly raised through the years. Board members testified that despite requests, cajoling, demands and admonitions, they were unsuccessful in getting Mortenson to submit proper documentation to support the charges he was making to the charity...
The more significant issue was not simply compliance with expense reimbursement and documentation policies, but the nature and magnitude of charges for which inadequate documentation exists. Through the years, Mortenson charged substantial personal expenses to CAI. These include expenses for such things as LL Bean clothing, iTunes, luggage, luxurious accommodations, and even vacations...
The board’s history and testimony from certain members, however, supports a conclusion that there was a deliberate effort to put people who are loyal to Mortenson on the board. The three board members who resigned in 2002 were effectively ousted, based on tensions and conflict that had developed with Mortenson. Meeting minutes show Hornbein, the board chair, and Wiltsie, the board treasurer, repeatedly asked for documentation to prove that CAI was getting a positive return on the money Mortenson was spending. Hornbein in particular requested itemized lists of Mortenson’s travel expenses, of the money coming in, and of contacts being made. He also advocated for phasing out Mortenson’s role in overseeing daily operations. In short, the board members who resigned were essentially trying to perform the kinds of oversight functions expected of boards of directors for organizations such as CAI.
The Montana Attorney General now has forced Mortenson to: (1) honor the written agreement he made in 2008 to CAI to pay royalties to CAI from the books CAI bought; (2) pay back travel costs improperly paid with donated CAI money; and (3)pay back book advertising and book promotion costs improperly paid with donated CAI money. Because of a weak board that Mortenson purposefully loaded with his cronies in order to escape effective oversight, Mortenson was able to milk CAI for his own personal benefit until forced to stop at the point of a gun, i.e., threat of prosecution.
Incredibly, as Steve points out, CAI is trying to spin the report as some sort of exoneration! Its statement even uses the old formulation, "Mistakes were made..." William Safire used to define the phrase as "[a] passive-evasive way of acknowledging error while distancing the speaker from responsibility for it."
The yiddish have a word for this: chutzpah. For those who may not be familiar with the term, the best illustration of its meaning is in the form of an old joke: A kid kills his parents and is found guilty of murder. At sentencing the judge says, "Well, what have you got to say for yourself ?" The kid replies, "Have pity, Judge, I'm an orphan!"
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Crimpergirl
Sport climber
Boulder, Colorado!
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It ain't necessarily over Riley. I wonder what the IRS will have to say about all of it. :/
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Srbphoto
climber
Kennewick wa
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Apr 18, 2012 - 12:10pm PT
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Author faces civil suit over 'Three Cups of Tea'
Apr 18, 9:51 AM (ET)
By MATT VOLZ
HELENA, Mont. (AP) - After making a $1 million deal to settle allegations that he misused his charity's money and resources, author Greg Mortenson now must face accusations that he fabricated parts of his best-selling books "Three Cups of Tea" and "Stones Into Schools."
A hearing is set for Wednesday in federal court in Great Falls on claims that Mortenson lied about how he came to build schools in Central Asia after losing his way in a failed mountaineering expedition and being nursed back to health in a Pakistani village.
The lawsuit - filed by two California residents, a Montana man and an Illinois woman who bought the books - list more than two dozen alleged fabrications and accusations of wrongdoing by Mortenson, publisher Penguin Group, co-author David Oliver Relin and the Central Asia Institute.
In "Three Cups of Tea," Mortenson tells how he resolved to build schools in Central Asia after wandering into a poor Pakistani village, then follows him as he expands his school-building efforts. The 2006 book was conceived as a way to raise money and tell the story of his institute, founded by Mortenson in 1996. The book and tireless promotion of the charity by Mortenson, who appeared at more than 500 speaking engagements in four years, resulted in tens of millions of dollars in donations.
The plaintiffs say Mortenson and the others purposely presented the lies as the truth to trick readers into buying the books and donating to the charity. They accuse Mortenson and the others of racketeering, fraud, deceit, breach of contract and unjust enrichment. A First Amendment expert calls the lawsuit absurd, regardless of whether the books contain fabrications.
Mortenson did not defame or harm anybody in his books, and barring narrow exceptions like national secrets, he can write what he wants and does not have to justify it, said Wayne Giampietro, a Chicago attorney and general counsel of the First Amendment Lawyers Association.
"It's his story. It purports to be his experiences. He can say it any way he wants to say. He has the right to publish anything he wants about himself," Giampietro said. "The idea that you can be sued because perhaps they don't like what you wrote, for whatever reason, is absurd."
Lawyers for Mortenson and Penguin Group plan to argue that very point before U.S. District Judge Sam Haddon. They are asking Haddon to dismiss the lawsuit, which seeks triple the amount of total books sales, plus punitive damages. The lawsuit is asking a judge to order that everybody who bought the books be refunded. Whatever money is left over would go to a humanitarian organization selected by the plaintiffs' attorneys and approved by the court
That promises to be several million dollars. "Three Cups of Tea" alone sold about 4 million copies.
The hearing comes less than two weeks after Mortenson and the Montana attorney general announced a $1 million agreement to settle claims that Mortenson mismanaged the Central Asia Institute and misspent its funds. The agreement removes Mortenson from any financial oversight and overhauls the charity's structure, but it did not address the contents of the books.
That's where the civil lawsuit comes in. The four plaintiffs allege that Mortenson, Relin, Penguin, the Central Asia Institute and Mortenson's consulting group, MC Consulting, were involved in a conspiracy to promote and sell the books based on lies.
"The enterprise's fraudulent scheme was to make Mortenson into a false hero, to sell books representing to contain true events, when they were false, to defraud millions of unsuspecting purchasers out of the purchase price of the books and to raise millions of dollars in charitable donations for CAI," their lawsuit alleges.
The claims cite a laundry list of alleged fabrications. They include Mortenson's recollections about holding Mother Teresa's hand while her body was lying in state in 2000, when Mother Teresa actually died three years earlier.
Also noted was Mortenson's account that he wandered lost into the village of Korphe after trying to climb the world's second-highest peak, then decided to build a school there. His previous writings made no mention of his being lost or wandering into Korphe, and he also previously indicated that he originally planned to build that first school in another village.
Those and several other alleged fabrications in the lawsuit were first brought to light last year by author Jon Krakauer and a "60 Minutes" story that questioned the truth behind Mortenson's writings and whether he was benefiting from his charity. Those reports prompted the Montana attorney general's investigation and also the civil lawsuit whose original plaintiffs dropped out months ago.
One of the lawyers in the case is Larry Drury, who also represented plaintiffs in a class-action lawsuit against James Frey, who admitted on the "Oprah Winfrey Show" that he lied in his memoir "A Million Little Pieces."
That lawsuit ended in a settlement that offered refunds to buyers of the book.
Drury and fellow plaintiffs' attorney Alexander Blewett say the Mortenson and Frey cases "are stunningly close."
Mortenson and Penguin don't argue that the events in the books are true, though the publisher says that nobody can rely on the truth or accuracy of autobiographies because they are based on the authors' own recollections.
Both Mortenson and Penguin argue that the plaintiffs can't prove that they were actually injured by anything that was written in the books and that this lawsuit amounts to a threat to free speech.
Mortenson attorney John Kauffman says in his court filing that such lawsuits could be filed only to discourage certain authors from writing about topics and it would stifle the free exchange of ideas.
Penguin attorney F. Matthew Ralph says that if a publisher were required to guarantee the truth and accuracy of everything an author says, the costs of publishing books would be prohibitive.
"No standards exist for drawing the line where 'fiction' becomes 'nonfiction' or vice versa; and the courts are not a proper place for developing such standards or policing that line," Ralph wrote.
http://apnews.myway.com//article/20120418/D9U7CDGO1.html
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Srbphoto
climber
Kennewick wa
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Apr 18, 2012 - 12:11pm PT
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Maybe he should ask for a lawyer referral from Floyd Landis.
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SteveW
Trad climber
The state of confusion
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More blather from the Central Asia Institute today. . .
Lawsuit Dismissed, Mission Continues
Central Asia Institute is extremely pleased with the U.S. District Court ruling Monday dismissing the lawsuit against it, cofounder Greg Mortenson, writer David Oliver Relin and Penguin Group publishing.
In dismissing the suit U.S. District Court Judge Sam E. Haddon concluded:
"The case has been pending for almost a year. The Complaint before the Court is the fifth pleading filed. Plaintiffs have been accorded every opportunity to adequately plead a case, if one exists. Moreover, the imprecise, in part flimsy, and speculative nature of the claims and theories advanced underscore the necessary conclusion that further amendment would be futile. This case will be dismissed with prejudice."
CAI is invigorated by the news. Greg is on his way overseas. Our dual mission continues unabated.
Yet, today's good news should not take away from the tremendous amount of work still to be done. Millions of children in the world remain out of school due to war, religious extremism, discrimination, and poverty.
CAI has worked with communities in remote, mountainous, and often war-wracked regions for more than 15 years to build, supply, staff, and maintain over 180 schools and 30 vocational centers, and support an additional 56 schools, 20 literacy centers, eight scholarship programs, and 22 public health (potable water, midwifery, and disaster-relief) projects. No other NGO does what we do in these locales with such a small team of dedicated individuals.
Greg stands by the stories in his books. Please read his response to media allegations last spring.
As always, CAI staff is available to answer any questions or concerns. info@ikat.org
LA Times: Court dismisses suit against "Three Cups of Tea" author
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Fat Dad
Trad climber
Los Angeles, CA
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"The case has been pending for almost a year. The Complaint before the Court is the fifth pleading filed. Plaintiffs have been accorded every opportunity to adequately plead a case, if one exists. Moreover, the imprecise, in part flimsy, and speculative nature of the claims and theories advanced underscore the necessary conclusion that further amendment would be futile. This case will be dismissed with prejudice." How is this "blather"? If a party has labored for a year and was unable to construct a viable claim (and believe, from some of the crap complaints I've seen filed, it ain't that hard), I'd say the ruling is a pretty substantive finding on the merits of the allegations against GM.
I'm not saying that the guy may not have to straighten out what appear to be some big improprieties, but perhaps we can now say that at least some of the hype flung at GM may have been just that.
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