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Former San Diego Minutemen attorneys accused of stealing $100,000 from the group

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In an effort to collect nearly $100,000 from their settlement payment from Caltrans, the San Diego Minutemen have filed Grand Theft charges with the Carlsbad Police Department against their former attorneys, Kaloogian & Fuselier LLP of Carlsbad.

According to emails from Bob Fuselier to the San Diego Minutemen in November, Caltrans mailed the settlement check for $157,500 to their law firm in late October. The check was made out to the "San Diego Minutemen and its attorneys of record". Fuselier admits he deposited the check without SDMM's endorsement into an undisclosed bank account. He refuses to tell the group where the money is supposedly being held. Fuselier also admits to withdrawing $60,000 for attorneys fees they claim are owed to them in the Caltrans lawsuit case, an amount the group believes is highly inflated.

After more than six weeks, and countless written demands by SDMM for their portion of the settlement money, Kaloogian & Fuselier have still refused to make the payment to the group. From vague emails from their law office to the Minutemen, they apparently have asserted some as-yet undefined lien against the group's money, even though Kaloogian & Fuselier have been paid in full $105,000 for their services on the Caltrans lawsuit, which consisted of a total of one injunction hearing and two depositions in 2008. Caltrans settled the case with SDMM out of court on Aug. 3 to avoid an embarrassing trial for their blatant discrimination against the secure border activists.

Kaloogian and Fuselier have indicated they have no intention of giving SDMM their money.

The criminal complaint filed Nov. 30 by SDMM alleges that former California State Assemblyman, Howard Kaloogian has illegally appropriated and/or stolen approximately $100,000 belonging to the San Diego Minutemen from the non-profit group’s settlement award from Caltrans in late October.

"We feel robbed, betrayed, and violated by attorneys we thought were working for us and our secure borders cause, said Barry Shipley, SDMM's Operations Director. "Up until about 6 weeks ago, we were told by Mr. Kaloogian that we would have a substantial award coming to us from Caltrans to use for our political activism. They lied to us and are withholding funds that rightfully belong to the San Diego Minutemen. Intentionally or not, they are aiding La Raza and the powerful open borders lobby just as another amnesty bill is about to be introduced in Congress".

An investigation by Carlsbad Police detectives in early December confirmed that Kaloogian has no legal right to withhold SDMM’s money, but they are giving Kaloogian a few weeks to get their claim in front of the proper legal authority for resolution, according to Jeff Schwilk, SDMM's founder. "The Detective told me they are holding off giving this case to the DA to see if Kaloogian pursues his alleged claim through proper legal channels. Their actions are inexplicable and outrageous. To our hundreds of dedicated volunteers, this appears to be pure greed by lawyers who had been hoping for a 7-figure settlement with the state, but were unable to get it after they botched the case and missed their discovery deadline in July".

SDMM is a non-profit volunteer group formed in 2005 to demand that the federal government secure our borders and enforce our immigration laws. The group says that they have been counting on these award funds to increase their activism, educate the public, and to help elect good, pro-border security and law enforcement candidates into office.

“We are extremely dismayed that Kaloogian is attempting to pocket the entire Caltrans award plus the $45,000 they were paid prior to the settlement – they have a total of $202, 000,” according to Shipley. “SDMM is pushing the state bar and the justice system to force Kaloogian to release our funds before we must insist on a criminal prosecution against these apparent thieves masquerading as lawyers.”

Kaloogian failed to return any phone calls regarding this case.

For more stories;  http://www.examiner.com/x-10317-San-Diego-County-Political-Buzz-Examiner
 

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San Diego County Political Buzz Examiner

Kimberly Dvorak is a freelance writer who resides in San Diego. She has covered local, national and international news stories for more than 15...

Comments

  • Not surprised 2 years ago
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    I've been hearing rumors and stories about Kaloogian for years. The guy is a scumbag. Stealing money from the Minutemen is the lowest thing I've heard of in a long time. Hope the charge his ass!

    Keep up the great work SDMM. Wish there were more like you.

  • Sean 2 years ago
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    This guy is definitely in violation the rules governing attorney professional responsibility. He is going to file his complaint in civil court, the judge is going to realize he is lying, and he is going to be ordered to pay the money plus the attorney's fees spent by the San Diego Minute Men in trying to get it back. What a moron.

  • Debbie 2 years ago
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    This is why people hate lawyers. Criminals with a license to steal. This is truly unbelievable. I hope they are charged with Grand Theft. Let them explain their actions to a criminal judge after they spend a couple nights in the slammer.

  • Carmen 2 years ago
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    This is a disgrace! Everybody is out to rob honest, law abiding citizens! If you can't trust your attorney, what's left?
    Our country is going through severe moral decay!

  • closeborders 2 years ago
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    This is absolutely unconcionable. Disbarment seems appropriate here. Debbie is ONE HUNDRED PERCENT ON TARGET.

  • Stephen 2 years ago
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    These shisters are giving ambulance chasers a bad name ...
    Thieves, pure and simple.

    Hats off to the SDMM, we need more Americans like them!
    Keep up the good work, guys, the nation needs you more than ever!

  • 2014 2 years ago
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    That's outrageous. Lawyers agree to a settlement amount and then confiscate the entire check. The courts need to step in here. A judge would never agree that one injunction hearing and two depositions is worth even a small portion of $157,500.

  • Tom 2 years ago
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    OMG! K&F must have taken theft lessons from Barack Hussein Obama and Mr. Bernanke, just as bad but trillions less. But then maybe grand theft is no longer illegal.
    Avoid the corrupt legal and "justice" system if at all possible.
    SDMM rocks!

  • Southside Hawk 2 years ago
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    As a member and contributor to the legal fund, I am dismayed. The fact that no one from K % P has returned calls and they deposited the check without authorization just smells. Everyday as I witness the ethical decline in our countries politicians - most of which are lawyers, I become more and more convinced that people go to law school to learn how to circumvent the law., not because they value it. Kaloogian, belly up to the Bar!!

  • Doug 2 years ago
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    I love our Patriots Minutemen and woman!

    They are watching our backs!

  • Litl Bits 2 years ago
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    It's about time someone had the courage to stand up to these thieves! Way to go, SDMM! "Law" firms that purport to uphold the law and then STEAL your money and do nothing for it need to be taken to task!
    Prayers for your success in this endeavor....because someone MUST stand up for justice and truth - unlike these thieving law firms! Hopefully it will also serve to warn others to avoid using this kind of firm that is only interested in lining their own pockets - and to hell with the client!

  • Litl Bits 2 years ago
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    Complaint should also be filed with CA Bar Association...to prevent them from doing this to anyone else!

    Disbarment is what they need - in addition to answering to Grand Theft criminal charges!

    WTG, SDMM!

  • ThisAmerican 2 years ago
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    Thanks for exposing these cretins, Kim. Unfortunately, I was unable to get downtown for this "trial", but had the unfortunate experience of watching them "work" in Vista. I literally had to bite my lip, so I wouldn't shout out DO SOMETHING, FOR GOD'S SAKE. They put on NO defense, kow towed to a corrupt, incompetent judge, literally threw the case and are demanding some HUGE fee for that disaster. Disbarrment is too good for them.

  • Mert 2 years ago
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    A former politician that is a thief? No way!

  • Peel the Onion 2 years ago
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    Kaloogian has recently become very active with the GOP's "Tea Party Express" group. He even toured the country for 3 weeks by bus with them in November. I'll bet his GOP buddies don't want this Independent group of Patriots to have their money, knowing SDMM's reputation for exposing corruption in both parties. Me thinks this is poltical, sure smells like it.
    A politician, a GOP operative, and a lawyer. Sounds like a recipe for disaster and organized crime.
    Choose your lawyers very carefully. Looks like they got a real snake with Howard Kaloogian.

  • Nancy 2 years ago
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    Money corrupts! How disgusting.

  • David 2 years ago
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    I am outraged. At one time the legal profession had honor they would police their own ranks. I fear for the concept of justice when something like this is allowed to happen. The SDMM are to be commended for their actions. I hope that they can prevail and return to being our voice with "City Hall" and the Federal Government.

  • CalPatriot 2 years ago
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    Is Kaloogian on the Gilchrist payroll? Fraud! Give the SDMM their money!

  • borderraven 2 years ago
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    Kaloogian & Fuselier LLP of Carlsbad are giving lawyers a bad reputation, just when I was beginning to think there were some good lawyers in the profession.

  • WTF 2 years ago
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    Is the SD examiner the official Minute Man News Network? This article is going to damage their case against the schisters. It's not even journalism, more of a rant.

  • scotch 2 years ago
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    foolish Americans you have played right into the globlist hands you are so distracted with petty issues you have neglected to elect leaders that speak for the people. Suckers

  • Paco 2 years ago
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    The DA should give them one week to pay and then charge them! I donated to the Caltrans lawsuit and I'm p#ssed that they stole MY money.

    I'm calling Kaloogian tomorrow. His # is 760-519-2393. All concerned citizens should call him!

  • whoops 2 years ago
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    Sounds like the minutemen are incompetent buffoons. They probably should not be trusted with weapons if they can not even manage their money.

    Blaming it on lawyers is a childish way to avoid responsibility.

  • Ebenezer Munroe 2 years ago
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    This case was settled out of court after a federal Judge ruled that The State violated The Group's rights. The attys. did just a few things for the SDMM and they over charged 'believing' they could rip-off the State in settlement negotiations. They then stole all of it! All Citizens should be angry about tax payer money being ripped-off by Kaloogian & Fuselier LLP of Carlsbad. Call or write them and tell them to do the right thing and give the SDMM their money!

  • Daddy_O 2 years ago
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    This seems to be the norm with our Lawyers. Everyone of them I ever worked with or had working for me seem to be answering to someone else. I think his name is Money. I recently had to fire my lawyer for not being forthcoming on the schedule of my case. Next thing I know I get an audit of the retainer that was supposed to complete the case. He wanted twice again as much to move forward without any honest explanation. Remember, these are the people who run for office. Don't elect the Lawyers, they have an agendea of their own, not ours.

  • Jimi 2 years ago
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    Just file a grand theft charge at Carlbad Police Dept. They would have to respond. Meanwhile, file an ethics complaint with the state bar.
    Or, file a suit against those attorneys, apparently they have deep pockets to pick.
    I would also contact all the local media as this is a juicy story ripe for local consumption.

  • garyrose 2 years ago
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    Sounds like HIGHWAY ROBBERY to me ? How are lawyers or anybody else allowed to take ADVANTAGE of CLIENTS like this?Is the complete American Justice System corrupt? Is that the change AMERICA AND AMERICANS are getting?A BIRTH CERTIFICATE CARRYING AMERICAN CITIZEN>>>>>MORE THEN OUR ACTING PRESIDENT CAN SAY>>>

  • B 2 years ago
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    Those lawyers need to be thrown in jail for their greedy pathedic ways. These lawyers are theives and complete joke and I hope they get their law license revoked by the State Board.

  • Bobby 2 years ago
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    This has got to be one of the most anti-climatic headlines of 2009. Lawyers stealing?! I'm shocked I tell you, downright shocked.

  • SDMM1 2 years ago
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    Lil Jimmy Gilchrist weighs in below with his usual hate and lies. No wonder he was kicked out of the mainstream anti-illegal immigration movement in 2007. What an idiot, just flailing around with wild accusations. No clue about reality.

    Theft is theft, Gilly. You know all about that. Your Minute-Scam Project has taken in around $1 million over the past 4 years from people who think your MMP is actually a group. Pretty amazing since you have no border watchers and no activists in your group. He is merely a fund raising group. Just go to his website and you'll see for yourself. His border director Shawna Forde is in a Tuscon jail awaiting trial for double murder. Ouch.

    Don't worry Gilly, SDMM will prevail as always.

  • Pat 2 years ago
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    SDMM think $100,000 is a lot of money. LOL tooooo funny

  • Cherie 2 years ago
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    Ian't it awful that people still try to discredit Jeff and the SDMM. These fine Americans that give so much of there own money and TIME to protect us from the constant flow from the south that have killed and taken jobs away from Americans for years.
    Now in the last 10 years they have has so much help from the Large activist groups that have endless pockets they are picking away from regular Americans that give a heck about our America! It is too sad to see the younger generation sit on there hands all the while the Babies of these illegals are taking there jobs and places in school. The Minutemen of SD had a drive to raise the money for the attorneys. I know I gave. The will be held accountable by the people.

  • Bobby 2 years ago
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    Cherie, I believe you just about said it all. Good post.

  • Bobby 2 years ago
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    Paul Deborah, isn't there some place better you could make comments, like at Voz de Aztlan for example. I guess in your case "stupid is as stupid writes".(a slight modification of Forest Gump)

  • Julio 2 years ago
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    I look forward to the pictures of Howard Kaloogian being arrested and hauled away in handcuffs. The guy is a crook and dispicable stealing $97,000 from a non-profit activist group. What an ass!

  • Patriot1776 2 years ago
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    What scum bags. There should be special hard labor prisons for thieving attorneys like Kaloogian and FuseLIAR.

    My God, our country is at war and we have to worry about this crap now? Are we as bad as Mexico now? Corrupt to the bone?

    Hope SDMM sues their asses off!

  • ARamirez1 2 years ago
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    Wait a minute. I heard that the Arivaca murders trained with the BPAUc/MCCI group in Campo.

  • Peter Rabbits 2 years ago
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    The money will eventually belong to Joanne Yoon because Schwilk is an idiot misogynist who cannot keep from spewing racist crap.

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