Return-Path:Received: from kaiwan009.kaiwan.com by ycvax.york.cuny.edu (MX V4.1 VAX) with SMTP; Tue, 03 Sep 1996 14:41:37 EDT Received: from 198.178.203.80 (kaiwan080.kaiwan.com [198.178.203.80]) by kaiwan009.kaiwan.com (8.7.3/8.7.3) with SMTP id LAA15210; Tue, 3 Sep 1996 11:37:23 -0700 (PDT) *** KAIWAN Internet *** Message-ID: <322C85AF.4DFF@kaiwan.com> Date: Tue, 03 Sep 1996 11:23:38 -0800 From: Greg Raven Reply-To: ihrgreg@kaiwan.com Organization: Institute for Historical Review X-Mailer: Mozilla 3.0b6a (Macintosh; I; PPC) MIME-Version: 1.0 To: ihrgreg@kaiwan.com Subject: IHR wins again Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit INSTITUTE FOR HISTORICAL REVIEW P.O. Box 2739 Newport Beach, CA 92659 Tel. 714 - 631 1490 Fax: 714 - 631 0981 NEWS RELEASE Friday, August 30, 1996 Contact: Mark Weber or Greg Raven INSTITUTE WINS AGAIN: _____________________ APPEALS COURT RULES AGAINST CARTO _________________________________ In another victory for the Institute for Historical Review in its drawn-out legal battle with former associate Willis Carto, a California Appeals Court decisively ruled August 28 in favor of the IHR and its parent corporation (LSF), dismissing Carto's appeal of the ruling in a crucial 1993 case, "Kerr, Carto vs. LSF." "Because appellants do not have standing to complain of the appointments, we dismiss the appeal," declared the California Court of Appeals, Fourth District, Division Three (case G016137). The two appellants in this matter were Carto's wife, Elisabeth, and an elderly gentleman named Tom Kerr. (Typically, Carto prefers to act through others.) The Appeals Court found that, contrary to Carto's claims, his wife Elisabeth "is not, and never was, a director" of LSF and "has no standing of any nature to challenge the appointments" of corporate directors. This ruling upholds the judgment in the "Kerr, Carto" lawsuit brought in 1993 by Tom Kerr and Elisabeth Carto (case 720973). At the conclusion of the two-day hearing in that case, California Superior Court Judge Robert Polis ruled on December 31, 1993, that declarations and other evidence submitted by Carto in the case "are untrustworthy as evidence and disbelieved by this court." In effect the court called Carto a liar. "In fact," Judge Polis went on to note, "Willis Carto was exercising substantial control over the Legion [LSF] without any apparent legal authority," Willis Carto is founder and head of Liberty Lobby, a "populist" organization in Washington, DC, that publishes the weekly tabloid, The Spotlight. Until the spring of 1994, Carto repeatedly stated, under oath, that he had no legal ties with the IHR/LSF, insisting that he was merely an "unpaid consultant" or occasional "agent." In the spring of 1994, though -- three months after losing the "Kerr, Carto" case -- Carto suddenly "discovered" that he actually controlled IHR/LSF on the basis of a private agreement he supposedly made in 1966 with the daughter of one of the LSF original incorporators. Stymied in California, Carto has been trying to "sell" this bizarre argument to a court in Texas, where the LSF was chartered in 1952. In all this legal wrangling, Carto has sought to wrest control of IHR/LSF as part of a desperate effort to avoid being called to account for his embezzlement of millions of dollars from the IHR/LSF. Costa Mesa city police have confirmed that Carto, together with associate Henry Fischer, illegally took millions of dollars meant to further the work of the Institute for Historical Review. As part of its criminal investigation, Costa Mesa and San Diego police seized numerous documents during their search of the Carto and Fischer residences on March 22, 1995. + + + + + -- Greg Raven (ihrgreg@kaiwan.com) PO Box 10545, Costa Mesa, CA 92627 http://www.kaiwan.com/~ihrgreg
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