re: Malkan v. Mutua; Malkan v.

State University of New York (Buffalo)

(April 26, 2016)
Dear Mr. Ruggeri,
Since you appear to be the person who serves the role of General Counsel to the State University of New
York at Buffalo, I summarize, for the record, the criminal misconduct of University personnel in this
litigation.
1. Perjury by the Dean of the Law School. Former-Dean Makau W. Mutua falsely testified that I had
obtained my faculty appointment as a result of fraud by former-Dean R. Nils Olsen, Jr. He repeated this
lie twice in state court (March 31 and April 1, 2010) and twice in federal court (December 19, 2013 and
June 26, 2015). His intention was to obstruct the due process of law in both state and federal courts,
after he had already violated my due process rights in the Law School. His lies were calculated to
suggest that I did not have a legitimate faculty appointment, and also that I had received all the process I
was due in the P&T Committee in April of 2006. His ultimate intention was to deny me a fair hearing in
any forum, either inside or outside the law school.
2. Perjury and obstruction of justice by the President of the University. President Satish K. Tripathi, on
December 12, 2013, falsely swore that he had no knowledge of my faculty appointment or of my
allegations of perjury against former-Dean Mutua. Subsequent to that date, and to the present day,
President Tripathi has continued to obstruct justice by blocking any internal investigation of Makau W.
Mutua's violations of civil and criminal law, even after he was replaced by James A. Gardner, who has
personal knowledge of the underlying facts.
3. Perjury by SUNY Counsel. The attorneys for SUNY Buffalo, James L. Jarvis, Jr., Esq. and Jessica M.
Baker, Esq., prepared and gave false testimony in Mr. Jarvis's deposition of December 20, 2013. Their
argument was that my contract did not provide me with any property interest in state employment
because the SUNY Trustees' Policies prevent the Law School from complying with the ABA Standard
405(c) - the clinical faculty standard. In so testifying, he falsely swore (a) that the Law School had
misrepresented its policy to the ABA in its last two accreditation cycles, and (b) that it was operating
with fraudulent contracts and bogus Faculty Bylaws. The Attorney General has used the confusion
generated by this bizarre fabrication to perpetrate a fraud in both state and federal courts.
4. Misappropriation of state funds. President Tripathi authorized the payment of over $600,000 to
former-Dean Mutua and his wife Professor Athena D. Mutua for a three semester sabbatical (two
semesters for her) at full salary, while he is receiving another full salary at a government agency in
Washington, D.C. These payments are unlawful under the SUNY Trustees' Policies and are ongoing to
the present day.
5. False incident report and arrest warrant. The President of the University, on October 5, 2015,
authorized the State University Police to arrest me if I am sighted on any property owned by SUNY

Buffalo. The arrest warrant was based on the false report by Interim Dean Gardner that I present an
imminent threat to public safety. This was an unlawful attempt to use the campus police, who are state
law enforcement officers, to defame and discredit the victim of a crime by the Dean of the Law School.
The false incident report and the arrest warrant were based entirely on defamations invented by
former-Dean Mutua and Interim Dean Gardner themselves. Their libels against me are documented by
memoranda and e-mail messages that date back to February and August of 2008.
In addition to the harm that has been done to me personally, over a period of eight years, and to the
Law School community, the entire University has been put at risk by this matter. President Tripathi,
with virtually no oversight, is entrusted with hundreds of millions of dollars of cash flow and endowed
assets. This lack of transparency continues over the objections of the Executive Committee of the
Faculty Senate, the SUNY Buffalo Chapter of the AAUP, and the Editorial Board of the Buffalo News. I
have seen no indication that you have taken any measures at all, as required by your fiduciary duties, to
constrain or report the lawlessness that has taken hold of his administration.
Yours truly,

Jeffrey Malkan