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From: jeffrey.malkan@outlook.

com
To: gbinder@buffalo.edu; kimconno@buffalo.edu; bladelfa@buffalo.edu; eemeid@buffalo.edu;
jgard@buffalo.edu; finleylu@buffalo.edu; ubprovost@buffalo.edu; president@buffalo.edu;
lechiesa@buffalo.edu
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svm@buffalo.edu; nolsen@buffalo.edu; rebeccarfrench@me.com; imarcus@buffalo.edu;
mcclusk@buffalo.edu; kannar@buffalo.edu; dmengel@buffalo.edu; lmather@buffalo.edu;
tmiller@buffalo.edu; jgmilles@buffalo.edu; slp@buffalo.edu; schlegel@buffalo.edu;
steinfel@buffalo.edu; jwooten@buffalo.edu; konefsky@buffalo.edu; averydianne@gmail.com;
bartholo@buffalo.edu; sbarbas@buffalo.edu; anyabern@buffalo.edu; mboucai@buffalo.edu;
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mlewis5@buffalo.edu; anjanama@buffalo.edu; aorourke@buffalo.edu; jol@buffalo.edu;
mjsteile@buffalo.edu; ricksu@buffalo.edu; taussig@buffalo.edu; tomkins@buffalo.edu;
robert.ruggeri@suny.edu; jbaker4@buffalo.edu; schneide@buffalo.edu; info@letrolaw.com;
david.sleight@ag.ny.gov
Subject: FW: the situation in Buffalo 6-9-2015
Date: Tue, 9 Jun 2015 13:50:53 -0400
This message went out this morning to 1,400 law professors throughout the United States and Canada
who are subscribed to the Legal Writing Institute listserv. The media coverage will continue and
broaden every step of the way. Everyone in the legal education community knows, or will soon know,
about the nightmare of criminality that has befallen this institution as well as the apathy and cynicism
of the Vice-Deans about their responsibility to protect the faculty, the students, and the rule of law.

Date: Tue, 9 Jun 2015 11:20:53 -0400


Subject: the situation in Buffalo 6-9-2016
From: jdmalkan@gmail.com
To: LRWPROF-L@iupui.edu
It's necessary for me to disclose that the level of public corruption at this institution of higher learning
has so deeply corroded the University's senior administration that there is serious doubt the ABA and
SUNY Central will be able to maintain the institution under its present sponsorship by the end of next
year, when the Law School must apply for re-accreditation. The Attorney General is required to answer
a Rule 11 motion in federal district court by June 26, 2015 to explain his refusal to investigate the
evidence-backed allegations of criminal misconduct against the former-Dean (his "client") and the
President. His only response so far has been to threaten a cross-motion against me. The Attorney
General himself, Eric T. Schneiderman, gave the commencement address on May 26, and I have reason
to believe that senior members of the faculty appealed to him to intercede and save the Law School.
The following messages, that I delivered through the OAG's website as well as directly to the faculty,
summarize this critical situation.

From: jeffrey.malkan@outlook.com
To: david.sleight@ag.ny.gov
CC: [law school faculty]
Subject: letter to AAG David Sleight, 6-2-2015
Date: Tue, 2 Jun 2015 10:30:34 -0400
The attached document contains the message I sent to the Law School faculty on June 1, and on which I
copied you.
1. I have provided compelling and, I believe, conclusive evidence that former-Dean Makau W. Mutua
committed perjury in both state and federal courts. His perjury in a state administrative hearing was
premeditated and calculated, and was repeated three years later in your presence at a deposition in federal
district court. The perjury pertained to whether I had a valid faculty appointment which, according to him,
was a dispositive fact. He leveraged the credibility of his office to cause a miscarriage of justice at PERB
and is attempting to do the same in federal court. The events in the Law School since December 5, 2013
support my allegation that President Tripathi was covering-up criminal misconduct when he falsely
claimed that he knew nothing about my claims against former-Dean Mutua.
2. I have provided probable cause for an investigation of the integrity of the University's finances, in
particular, the UB Foundation. The evidence of a cover-up leads all the way up to the Governor's Office.
The perjured testimony at PERB was put into evidence by an attorney from the Governor's Office of
Employee Relations (GOERS) and Governor Cuomo himself came to the Law School to give a speech
about integrity in state government, where he was quoted as saying that New York is fortunate to have a
man with the "courage" of Makau Mutua as Dean of the "State Law School." (See attached.) The
dishonesty of the University's administration, the secrecy surrounding the UB Foundation with its one
billion dollars in assets, the fact that both former-Dean Mutua and Albany County D.A. David Soares
were members of the failed Moreland Commission, and the "complex public-private partnerships"
involved in the $375 million medical school classroom building under construction, all combine to make
an investigation unavoidable, either by state or federal authorities.
These investigations should be matters for law enforcement and the press, not for a private plaintiff in an
employment lawsuit. I've asked you before and I am asking again that you follow whatever procedures
are in place within the Office of the Attorney General for reviewing this situation. The Attorney
General's mandate to defend state officials in civil actions does not mean that he can overlook his
obligation to prosecute public corruption. He cannot legally or ethically ignore evidence of criminal
misconduct by the former-Dean of the Law School and the President of SUNY Buffalo.
Sincerely,

Jeffrey Malkan

To: jeffrey.malkan@outlook.com
Subject: Form submission from: Questions & Comments to Attorney General Eric T. Schneiderman
From: nysag@ag.ny.gov
Date: Fri, 5 Jun 2015 13:42:23 -0400
Thank you for sending your comment to the New York State Attorney General .
This is an automatic confirmation of your e-mail to us. Please do not respond to this message.
Submitted on Friday, June 5, 2015 - 13:42
Comments:
Mr. Schneiderman. Your name is on the letterhead. The OAG is your office.
Notice to AAG David Sleight, Buffalo Office, June 5, 2015
Dear Mr. Sleight,
This case been protracted by the State over a period of seven years, during which time I have suffered
endless hardships, losing my career, my vocation, my livelihood, my reputation, and all of my savings
and possessions.
Your client turned an injustice into a crime by committing perjury in his testimony in front of the Public
Employment Relations Board (PERB) on March 31-April 1, 2010. The remedy in that case would have
been reinstatement with back pay and court protection from any further harassment or retaliation. The
Hearing Officer's decision was based entirely on your client's credibility as the Dean of the Law School. If
he had known that your client was lying, he could not have decided the case in the University's favor.
I had to retain counsel at my own expense to file a new lawsuit in federal district court to get justice.
You responded with a motion to dismiss on technical grounds that failed. Three years after his perjury in
state court, your client did not show up for the mandatory mediation in March 1, 2013. I came 450 miles,
at my own expense, with counsel, to that mediation. You excused your client's absence by stating that
you had authority to make an offer on his behalf. That is the only reason I did not demand that the
mediator call the Magistrate and order your client to appear. You were lying.
Your client committed perjury again at the federal deposition on December 19, 2013, embellishing his
previous lies with more details. He also destroyed my Dean's Office personnel file that contained the
records of my promotion and tenure. These records were subpoenaed evidence, and their destruction
was a crime. He tried to blame former-Dean Nils Olsen and former-Vice Dean Sue Mangold, which was
reprehensible and defamatory.
President Satish K. Tripathi, for his part, submitted a false declaration on December 5, 2013, claiming
that he knew nothing about my allegations against your client, despite a dozen messages received by his

office and two front-page articles in the UB Spectrum. No lie could be more brazen and disrespectful to
the federal court. He had constructive knowledge prior to that date and actual knowledge since that
date, but he still continues the cover-up.
The cover-up, at this point, is even worse than the crime and implicates the highest levels of state
government, up to the Governor's Office and the Attorney General's Office.
To the present day President Tripathi refuses to acknowledge or investigate my allegations, which are
based on sworn testimony and documentary evidence from the most senior and respected members of
the Law School faculty. In addition, he has sent your client, as a reward for his crime, on an eighteenmonth European vacation at a base salary of $300,000 according to state records. This is a violation of
the public trust and an attack on the integrity of the legal profession for which there will be an
accounting.

All of your legal arguments on the summary judgment motion are based on lies, which is unethical and
immoral.
1. You know that a state court decision that is tainted by perjury has never in the history of the federal
court system been found to constitute adequate post-deprivation due process.
2. You know that a perjurer has never in the history of the federal court system been granted qualified
immunity in the matter about which he lied.
3. You know that the Policies of the Trustees State University of New York do not prohibit presumptively
renewable term contracts. Mr. Jarvis, the SUNY employment counsel, lied at his deposition, under oath,
about the University's interpretation of the SUNY Trustees' Policy, which goes back to the original
Clinical Faculty Appointments Policy of 1994. The Law School's policy of providing clinical professors with
due process-protected, presumptively renewable term contracts was certified by your client to the ABA
most recently in April 2009 as part of its Self-Study Report for reaccreditation. The University cannot flip
its interpretation of the SUNY Trustees' Policies for the sake of winning a lawsuit and then flip it back
again to show the opposite to its accrediting agency.
4. You even made the argument that I was complicit in defrauding myself because I knew that the Law
School's Faculty Bylaws and Clinical Faculty Appointments policies were nothing but a sham concocted
to deceive and defraud the ABA and the faculty (including me).

You made these arguments for the sole purpose of delaying my case in the hope of burdening me with
further hardship, emotional distress, and financial risk, and exhausting me with the unlimited resources
of the State.

In addition, the cloak of secrecy over the one-billion dollar University endowment (the UB Foundation)
gives rise to the logical inference that President Tripathi has secrets to hide. The state officials who are
acting in this conspiratorial manner under the umbrella of the UB Foundation may be subject to federal
prosecution under the RICO statute if they are breaching fiduciary duties. There may be blackmail and
extortion going on behind the scenes among the members of the University's top administration. That is
the only explanation I can see for why Makau W. Mutua is holding so much leverage over everyone else.
If you have a different explanation, you need to disclose it with no further delay. I deserve to find out
what is happening to me and I will.
This case is nothing less than a nightmare of criminality.
It is not a crime of violence, but it is a crime of the highest order of magnitude. It is difficult to believe
that you have taken it upon yourself to protect the perpetrator and threaten the victim with Rule 11
sanctions for trying to report it, as if I will think the better of all this and, after seven years, drop my
evidence-backed allegations of criminality against your client.

What you do in the next three weeks is not entirely up to you. You must discuss this situation and obtain
approval for your continuing defense of former-Dean Mutua's criminal misconduct from Mr.
Schneiderman. He has committed himself to defeating corruption in state government - after the fiasco
of Governor Cuomo's Moreland Commission - and he repeated that pledge on May 26, 2015 at the SUNY
Buffalo Law School commencement. His pledge defines your duties. You are both well aware that
former-Dean Mutua was a member of the Moreland Commission, which is the kind of hypocrisy that
corrodes the public trust in government.
I have been fighting former-Dean Mutua's criminality for seven years and I will continue to do so as far
as the legal process takes me.
Sincerely,

Jeffrey Malkan

Thanks,
New York State Attorney General Web Team

From: jeffrey.malkan@outlook.com
To: [law school faculty]
Subject: the line between civil and criminal 6-9-2015
Date: Tue, 9 Jun 2015 04:44:10 -0400
this is for the general public and for the record
https://www.scribd.com/doc/267867371/messages-to-AG-Schneiderman-6-5-2015
https://www.scribd.com/doc/268085809/message-to-Vice-Deans-of-SUNY-Law-6-7-2015
Vice-Deans,
I don't study criminal law and I have never been the victim of a crime before, but I know that crossing
the line between civil and criminal takes you into another dimension. I don't think that any Vice-Dean
has ever tried the experiment of concealing knowledge of the actual commission of a felony by the Dean
of a Law School and the President of a University from judicial and law enforcement authorities. Legal
educators at a state-sponsored institution of higher learning are entrusted with affirmative duties of
loyalty to the legal profession. They are expected to set an example. Even law students are required to
report violations of the Honor Code to the Dean. Makau W. Mutua brought dishonor and insolvency to
the Law School and is now spending tens of thousands of dollars every month, under the protection of
President Satish K. Tripathi on fine dining and first-class travel in Europe and South America. You are
still covering-up for these criminals and protecting their interests. No reasonable person who does not
enjoy the protections afforded to a tenured professor at a state-sponsored university will find any
excuse or extend any forgiveness for what you have been doing - and not doing - over the past seven
and a half years. These are considerations that grown-up law professors never outgrow. The one thing I
can say with certainty, because this lies within my control, is that I will push forward and bring this case
to its just legal resolution. You have chosen to be a part of it, on the side that always loses. This is an
exemplary case and a necessary case and every aspect of it will be heard and judged.

Sincerely,

Jeffrey Malkan

18 U.S. Code 4 - Misprision of felony


Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United
States, conceals and does not as soon as possible make known the same to some judge or other person in
civil or military authority under the United States, shall be fined under this title or imprisoned not more
than three years, or both.

Thank you for sending your comment to the New York State Attorney General .
This is an automatic confirmation of your e-mail to us. Please do not respond to this message.
Submitted on Wednesday, June 10, 2015 - 10:33
Submitted values are:
--Personal Information-Salutation: Mr.
First Name: Jeffrey
Last Name: Malkan
Address 1: 12 Valleywood Ct. W
City: Saint James
State/Province: New York
Zip/Postal Code: 11780
Phone: 6318626668
Email Address: jeffrey.malkan@outlook.com

Comments:
copy to AG Eric T. Schneiderman of message to AAG Dvid Sleight, Buffalo Office, 6-10-2015
Dear Mr. Sleight,
I believe that the manner in which you have been handling this case since the depositions of November
and December of 2013 is unethical and illegal. I strongly suspect that you have been acting beyond your
authority at the OAG by blocking my evidence-backed allegations of criminal misconduct from reaching
the Public Integrity Bureau.
1. You have refused to take into account the compelling evidence that former-Dean Makau W. Mutua
(your "client") committed crimes against the judicial process in both state and federal courts. This case
would have ended five years ago if former-Dean Mutua had not perjured himself in front of a state
administrative agency. I would have been reinstated with back pay and court protection from any
further retaliation. That is not speculation but fact. The Hearing Officer could not have decided in favor
of SUNY if he had known that your "client," an attorney and state official, was lying under oath. For the
past five years, the State has been aiding and abetting a crime against the judicial process.
2. You have refused to take into account the compelling evidence that President Satish K. Tripathi lied
under oath on December 5, 2013, in order to protect former-Dean Mutua.
3. You have refused to take into account the circumstantial evidence and probable cause to investigate

President Satish K. Tripathi's secrecy in the management of the $1,000,000,000 UB Foundation


endowment. The allegations and evidence of public corruption regarding this enormous sum of
University money comes from the local media and the Executive Committee of the Faculty Senate.
http://www.investigativepost.org/2012/03/21/opening-the-books-at-the-ub-foundation/
http://artvoice.com/issues/v10n13/the_great_UB_heist
http://www.buffalonews.com/city-region/university-at-buffalo/tripathi-says-ub-foundations-recordscant-go-public-20140329
https://www.scribd.com/doc/141528977/Mutua-I-know-that-with-President-Tripathi-at-the-helm-UBLaw-s-best-days-lie-ahead
4. Finally you have no explanation for why President Tripathi removed Makau W. Mutua from the
Dean's Office three weeks into the fall 2014 semester. It is absurd to say that former-Dean Mutua woke
up on September 22 and suddenly realized that he had accomplished everything he had wanted to
accomplish in the Law School. The reason he "stepped down" is that he was fired by President Tripathi,
who knew that front page articles about the scandal in the Law School would be appearing in the Buffalo
News and the UB Spectrum within the next few days.
You know that there is no other explanation. This State should have stopped defending former-Dean
Mutua at that point and turned the investigation over to law enforcement. Instead you have continued
to vex and harass me for an additional ten months, with no end in sight, and are even attempting to
force me out of the case by moving for sanctions from the victim of a crime whose finances have been
wiped out by the State's seven and a half year war of attrition.
You cannot pretend that you are defending a worthy public servant. Your client is a criminal who has
fled the country for Europe for at least the next two years, with hundreds of thousands of dollars of the
Law School's money in his pocket, while President Tripathi inserted James A. Gardner into the Dean's
Office.
Interim Dean Gardner is a person of the most dubious moral character whose personal vendetta against
me dates back to spring of 2006. President Tripathi imposed James A. Gardner on the faculty for the sole
purpose of placing the only person in charge who would agree to keep this lawsuit alive and protect
President Tripathi's secrets. The chances are zero to none that either former-Dean Mutua or Interim
Gardner will still be welcome in the field of legal education when this case ends. His appointment makes
it doubtful that SUNY Central and the ABA will be able to allow the continued sponsorship of an
accredited law school on the SUNY Buffalo campus.
This is a matter that must be reviewed by state and federal law enforcement.
Along with every other person who resides in the State of New York, I am Attorney General
Schneiderman's client and I have a right to be protected from crimes by state officials.

I demand that you provide Attorney General Eric T. Schneiderman's signature on any further Rule 11
documents that you submit to U.S. Courts in this matter.
Your legal maneuvering has had no purpose other than to harass and exhaust me and it cannot continue
any longer. I expect that my role in this case will be over by Labor Day although, of course, I will comply
with any interview, testimony, and document requests needed by law enforcement in the prosecutions
of University and State officials.
Sincerely,

Jeffrey Malkan
cc: OAG website in Albany

Thanks,
New York State Attorney General Web Team