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Archive for the ‘California Coastal Commmission’ Category

California Coastal Commission - Time to follow the money

Wednesday, January 27th, 2010

[Last] week’s Supreme Court ruling that corporations are protected by “free speech” rights and can contribute enormous sums of money to influence elections is a de jure endorsement of the de facto dominance of corporations over our lives.

Truthout

Homer Simpson discovers corporations have more rights than he does.

To say money has always influenced politics along the California coast would be an understatement.  Just a glance at the way the legislature turns a blind-eye to coastal commission shenanigans or how the judiciary rubber stamps rulings consistently in favor of the CCC and the story can be told. 

When one ponders the implications of corporate citizenship, take into consideration the plethora of  PAC’s and non-profit corporations that wield a mighty big influence on coastal politics.

Well-known orgs like the venerable Sierra Club have also helped the California Coastal Commission eviscerate people’s rights along the coast of California.  The CCC is the de facto enforcer… the legal muscle for the corporate thugs.  We are just now beginning to discover the pathological relationship that existed between some environment groups like EDC who will sell-out the environmental for cheap.

Last year, SINS OF COMMISSION requested an accounting by the state of California to see which non-profits gave money to infulence the California Coastal Commission at a time way before the US Supreme Court blessed corporate citizenship last week. So far those documents have not been forthcoming.

The danger of foreign loot loading into U.S. campaigns, not much noted in the media chat about the Citizens case, was the first concern raised by Justice Ruth Bader Ginsburg, who asked about opening the door to “mega-corporations” …

Truthout

Corporations will now have more rights than people.

Tara Malloy, attorney with the Campaign Legal Center of Washington D.C.

Under current laws, human-people, as opposed to corporate-people, may only give $2,300 to a presidential campaign. But hedge fund billionaires, for example, who typically operate through dozens of corporate vessels, may now give unlimited sums through each of these “unnatural” creatures.

Truthout

And there you have it.

If corporations are the new citizens… what happens to us people? 

In the meantime, think about supporting SINS OF COMMISSION a flim about, by, and for the people.  Help to finish the film and get it out.  ALL donations are tax deductible and confidential when made through the film’s fiscal sponsor The INTERNATIONAL DOCUMENTARY ASSOCIATION, a 501 c3 non profit foundation - a very worthy non-profit foundation concerned about preserving people’s rights to Freedom of Speech through documentary films.

Fastest, easiest way to help is to click the “DONATE NOW button” on the side of this page, and you will be whisked away to a secure PAY PAL page set up for us. Fill in the blanks, click “send” and bingo…you’ve helped!  You can also send a check to:

The International Documentary Association
Fiscal Sponsorship Program
1201 West 5th Street, Suite M270
Los Angeles, CA  90017.

Please be sure to write  “for: SINS OF COMMISSION” on your check. 

Thank you in advance for your support,

Richard Oshen

 

California Coastal Commission needs a reality check

Sunday, January 24th, 2010

No Wind Turbine on the Coast? IDIOTS!

By an 8-to-3 vote, the California Coastal Commission denied a request by a Santa Cruz County couple to install a wind turbine.

Commissioners said the windmill’s blades might hurt birds and the structure could visually mar the area. [The Santa Cruz Sentinel]. 

Visually maring the area?  Gimme a break!

The commission is tossing any flimsy excuse they can into the wind. Wild lions might be attracted. Swarms of locusts could descend upon us…get the picture? It’s also possible it might improve things. Truth is - they don’t know. 

Wind turbines, also known as wind mills, have been part of the American landscape for hundreds of years. They’re part of our heritage. They worked then…and will work now.

Aren’t we as a nation being encouraged to seek alternative energy sources? Wind power is such a source. What is going on with the California Coastal Commission?

Wind turbines along the coast makse sense. Harness the offshore and onshore breezes?  Sounds like a real good natural solution and win-win for the people of California - which is why it rattles the CCC’s cage.

The notion of American self-sufficiency is a huge part of our heritage. It is etched in our DNA…and it’s part of who we are. To be self-sufficient from big oil - the same big oil that paid off, er, I mean, contribuited to environental group EDC last week is in everyone’s interest. Do you think this why many Californians still feel things are going to hell in a handbasket?

Unnecessarily hurting wild birds or any wild animals is truly a sad state of affairs - but what about hurting people?  From the California Coastal Commission’s perspective, based on 30+ year’s of Civil Rights Abuse, hurting Californians isn’t a problem - and that is an even sadder state of affairs

The California Coastal Commission lost its grip on reality a long time ago and needs some mighty serious reform - term limits immediately comes to mind - but that reform is absolutely 100% guaranteed not going to come from within a broken system. 

Until the day things change, nothing will change on the California Coast. Californians will continue to leave the state in droves while the infrastructure continues to crash - which I believe is the ultimate goal of the CCC.

Coastal Turkeys - the real problem with California.

SECRET AGREEMENT - SIN OF COMMISSION

Monday, January 18th, 2010

The fate of public lands cannot be decided in contracts negotiated behind closed doors.

Controller John Chiang,  Lands Commission member

I’ve been looking for a way to demonstrate what I call the new eco-industrial complex while raising awareness about whole-scale corruption in the “name of the environment” then I read this little Dusey about a secret agreement between an oil company and a California environmental group, thank-you Calbuzz, and the pieces fit neatly into place.

It seems there is some kind of a secret pact between Huston based oil company PXP and Environmental Defense Center (EDC).

EDC has been prominent in the decades-long fight against offshore drilling in California according to Calbuzz.

Wait a second.

EDC, a prominent environmental group, has been publicly eschewing off-shore drilling but privately endorsing PXP’s application for lease to slant drill into state waters, from an existing platform under federal jurisdiction, more than three miles offshore.

It is shameful that an oil company got an environmental group - in this case Environmental Defense Center to do its bidding for YEARS for a piddly 100k… peanuts compared to the billions PXP is going to make.

PXP and EDC said they recently incorporated amendments to the agreement to address criticisms raised at the initial State Lands Commission hearing by strengthening written assurances that the promised benefits of the agreement will materialize.

Calbuzz

In one fell swoop EDC has not only tarnished environmental groups and raises the pay-for-play question, but has trashed the street cred of the State Lands Commission, and all the other agencies under them. This revelation raises some very uncomfortable questions - similar to the ones I raise in SINS OF COMMISSION that demand rigorous investigation and appropriate action.

SINS OF COMMISSION reveals that for decades the California Coastal Commission, an agency of state, engages in environmental degradation in exchange for a dedication of land or an easement of property.

Now it seems this deal-making behind closed doors is “business as usual.” - despite claims of transparency. If recent scandal-ridden history has taught us anything…this is just the tip of theiceberg.

…it is not unusual for environmental groups to keep private the legal agreements or settlements it makes with corporations applying for permits or leases before public agencies.

Linda Krop, chief counsel for the Environmental Defense Center

If it is a private deal that is one thing… but oil leases are not generally considered private….oil leases are a public resource.

If permission is given, this would be the first lease granted by the state since Union Oil’s disastrous 1969 Santa Barbara oil spill - an oil spill that lead to vociferous public outrage- an outrage that needs voice now right here in California.

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Read more at Calbuzz:

The Politics of Fire

Tuesday, September 1st, 2009

Time to fight a fire is before the fire is raging out of control

Fires in Los Angeles have grown to the size of Washington, D.C

“We are very fortunate that we have the best and the most aggressive, best trained, most courageous firefighters in the world and that’s why we are able to push back very heavily.”

- California Governor Arnold Schwarzenegger

We are all proud of our firefighters. These men are all heroes. But why put them in harms way if we don’t have to? And we don’t- yet we do…why?

It’s a Turf War.

We are fighting more massive fires that ever because of a meltdown of responsibility between the State Fire Marshall, the only one responsible to protect human lives and property under the California Constitution, and resource agencies like the California Coastal Commission, the focus of SINS OF COMMISSION.

By failing to permit the clearance of ESHA in large unbroken swaths, the California Coastal Commission, and other agencies have jeopardized the very resources they are supposed to protect.

Deer Lost

People, wildlife, the environment of California - and the world are all victims of California political in-fighting. No one…certainly not the environment… and definitely not the people benefits.

The other point that invites contemplation is, Fire fighting is big business - probably one of our state’s biggest industries - and perhaps the biggest non tax and fine business in the Golden State.

Fire fighting makes  great photo ops, is big news, and gets lots of federal emergency money.

Trimming a bunch of ESHA does none of that .

Fire: Does ends justifies means?

Fire, is also a deadly political weapon. People don’t always get to rebuild their homes, and if a particular agency or commission desires to reduce population density….it can now use its permitting process to do so and deny people the right to rebuild… Santa Cruz, for instance.

It is high time the Secretary of the Interior steps to clean California’s house - since its obvious California can’t or won’t because of self-interest and completion for funds between agencies.

The state has spent $106.5 million of its $182 million emergency firefighting fund — just two months into the fiscal year

-Department of Finance spokesman H.D. Palmer

California Fire Season - A Promise Broken

Saturday, August 29th, 2009

LOS ANGELES (Aug. 29) — A growing wildfire sending massive billows of smoke into the sky north of Los Angeles nearly tripled in size Saturday, injuring three residents, burning a small number of homes, knocking out power to many more and prompting evacuations in a number of mountain

Mandatory evacuations were extended Saturday into neighborhoods in the canyons on the northwestern edge of Altadena, Glendale, La Crescenta and Big Tujunga Canyon, Forest Service spokesman Bruce Quintelier said. It was unclear how many residents were ordered to leave.

California is heading into the most destructive part of its fire season, when winds can whip flames into 90 mile per hour storms of fire - it’s clear that a promise was not kept.

Anyone who suggests fire protection can be as good this fall as in recent years most likely will turn out to be living a fantasy. That, of course, would include Schwarzenegger, for whom everything almost always is “fantastic” in more ways than one.

(Source-Tom Elias www.californiafocus.net)

The new state budget cuts $27 million from Cal Fire, the state agency that sends people and equipment wherever they’re needed most. The reduction includes more than $10 million earmarked for new fire engines, hoses, pumps and other equipment.

There’s also the matter of the DC-10 airborne tanker, another so-called budget cut likely to cost more than it saves.

For years, California has contracted for a standby DC-10 that can dump up to 12,000 gallons of water or fire retardant each time valves open beneath its huge tank.

But a stroke of Schwarzenegger’s pen cancelled the $7 million contract that kept that jumbo jet plane on standby for California.

Now, the state will pay more than $66,000 every day it uses the plane, with a five-day minimum. Anything beyond 21 deployments would end up costing more than the budget cut - and if this year turns out like the last few, that’s how it will be….assuming the DC-10 is available.

But these reductions in state firefighting ability may pale beside what local fire departments will suffer because of the new budget’s raids on local funds.

In Los Angeles, for one, firefighting officials must cover a $39 million shortfall caused in large part by the state raid. So there will be “brownouts” at many city fire stations, with a total of 87 fewer firefighters on duty each day, almost one-tenth of the usual work force. One battalion command team, 15 fire companies and nine ambulances will be out of service each day, but no city fire stations will actually close.

In other areas, including parts of San Diego County ravaged by several large fires over the last five years, fire prevention efforts are being cut. High-risk Fallbrook is one such place, while several other local districts are ironically casting about for money to pay their contracts for standby assistance from Cal Fire. If they can’t pay, the state agency will either have to let the locals handle all problems or go to work without the payment it usually gets. Since Cal Fire insists nothing will diminish its performance, the agency will probably work some fires without reimbursement. Some budget solution.

The most significant thing here is that while officials say they will still “attack and respond,” they may not be able to be as effective as usual.

(Source-Tom Elias www.californiafocus.net)

So far, there heven’t been any mega-blazes anywhere in California until mid-August. But the driest part of the year is still ahead, the season when past wildfires have ravaged Malibu, Berkeley, Bel Air, Rancho Santa Fe, Laguna Beach, the Oakland hills and many other California areas.

Farm Team Action Alert: STOP California Coastal Commission tyranny STOP AB 226 STOP AB 291.

Friday, August 28th, 2009

Please take action on the following FARM TEAM ACTION ALERT.

We need the farmers - and the farmers need us!

Action Alert

Coastal Commission Bills Await Floor Vote

Two bills that would have major impacts on property owners in the Coastal zone are headed to the Senate floor for a vote.

AB 226 (Ruskin) and AB 291 (Saldaña) grant the California Coastal Commission (CCC) with new authority in determining violations, imposing penalties and administering the permitting process.

Considering California’s current budget situation, this is likely an attempt to increase revenues for the commission in order to maintain a budget the commission feels it deserves.

Stop the power grab and take action today by clicking on the bill numbers below!

AB 226 (Ruskin, D-Redwood City) Oppose

Increases the role of government by granting new authority to the California Coastal Commission to impose massive civil penalties for violation of the Coastal Act.  The bill would allow for penalties to be imposed after a simple hearing of the Commission as opposed to due process afforded through the judicial system.

AB 291 (Saldaña, D-San Diego) Oppose

Increases the role of government by granting new authority to the California Coastal Commission that prohibits a landowner from even submitting a coastal development permit if they are merely accused of a violation of the Coastal Act.

The State Legislature only has until September 11 to take action on the remaining bills.  Make sure your voice is heard today!

AB 226 Action Alert - http://www.capwiz.com/cfbf/issues/alert/?alertid=13948831&type=ST

AB 291 Action Alert- http://www.capwiz.com/cfbf/issues/alert/?alertid=13941621&type=ST

The People of California urgently need your help.

Donate to SINS OF COMMISSION or The CALIFORNIA FARM BUREAU

Support SINS OF COMMISSION. I urgently need your help to finish the film and get it to the people. ALL donations are tax deductible and confidential when made through the film’s fiscal sponsor The INTERNATIONAL DOCUMENTARY ASSOCIATION, a 501 c3 non profit foundation. Fastest, easiest way to help is to click the “DONATE NOW button” on the side of this page, and you will be whisked away to a secure PAY PAL page set up for us. Fill in the blanks, click “send” and bingo…you’ve helped!  You can also send a check to:

The International Documentary Association
Fiscal Sponsorship Program
1201 West 5th Street, Suite M270
Los Angeles, CA  90017.

Please be sure to write  “for: SINS OF COMMISSION” on your check. 

Thank you in advance for your support,

Richard Oshen

Stop the California Coastal Commission’s attack on coastal families

Thursday, August 27th, 2009

If ever there ever was a time in California to stop the abusive practices of the California Coastal Commission, that time is now.  Two dangerous bills AB 226 and AB 291 are in committee and must be stopped.

AB 226 (RUSKIN) would greatly expand the Coastal Commission’s enforcement authority by allowing the Commission to act as both prosecutor and judge and impose civil penalties and allow the Commission to retain the penalties it assesses to augment its own budget.

Even more sinister, AB 226 creates dangerous motivation for the Commission to seek civil penalties as a way to augment its budget, and would strip alleged violators of due process afforded by the courts.

AB 291 (SALDANA) grants Coastal Commission staff the authority to deny permit applications without a hearing. AB 291 gives Coastal Commission staff the power to halt processing of a permit application if the Commission staff asserts that any violation exists on any property for which a permit is filed.

In other words AB 291 presumes an applicant is”guilty until proven innocent” by giving the Commission staff the ability to refuse to process a coastal development permit application until staff is satisfied that the alleged violation, whether related to the permit application or not, was cured. Families with homes will be prejudiced by arbitrary delays.

If there is one thing the California Coastal Commission does not need it is additional enforcement authority.  30 years of court records clearly shows the CCC abuses the power they already have! The triple c doesn’t need more power ... they need reform… and it is well past time that the California legislature reform the California Coastal Commission.

The following letter explains why-

There are two bills in the California legislature, AB 226 and AB 291, that grant more broad sweeping legal powers to the California Coastal Commission to intimidate citizens and the people he presents in his documentary film project, “Sins of Commission.” I saw it at a showing at a private home. It is a powerful call for reform of the California Coastal Commission, which evidently fears its exposure in the film as an autocratic, appointed board with special powers and no meaningful oversight.

Those of us who support public access to and preservation of the California coast, as I do, may not be aware of the aggregation of powers by the CCC. I witnessed it in action recently, as it attempted to subvert the Brown Act (transparency in government) and as it refused to even read the opposition arguments submitted by an NGO and by 84 citizens who wrote individual letters, before it “permanently voted” to approve the filling of a swimming pool that cost the state nothing and served the handicapped, the chronically ill, children, and the public for over 50 years. I also look down on a private beach club’s two story buildings and tennis courts on the beach across PCH from where we live that were approved by the CCC apparently without meaningful mitigation.

The CCC now uses special legislative powers over a swath of land five miles inland from the coast to further its objectives, in concert with other state agencies and commissions. In so doing, Richard Oshen documents, it legally intimidates and financially breaks private citizens with landholdings inside the designated “coastal zone,” even when they seek rational, small improvements on their properties. He shows how a CCC board member, however, holds property in the zone that is not subject to the same rules. He also presents a powerful indictment of the CCC’s powers over local control by munipalities that would protect against the wildfires we have experienced during an extended drought. Even large cities, such as San Diego, and wealthy towns, such as Malibu–both severely affected by wildfires–have been unable to defend against the CCC powers in concert with other state entities.

These bills need opposition. The CCC needs reform, oversight, to operate according to democratic rules of procedure, and to return to its mandate to protect the coast. Please contact your state representatives and urge them to oppose AB 226 and AB 291. Please circulate this email to conservationists and supporters of private property, local government, and open democracy.

I am circulating this letter in my role as a private citizen, not as a member of any group. As a historian of religions, an environmentalist, and a community development worker, I am supporting Richard Oshen’s film as a private act of conscience. I do not express the views of any group with which I am associated. They are solely my views.

Thank-you,
Jean Rosenfeld

Thank-you, Jean for your kind words.

A now… a little foot tapping music while you’re making that phone call.

Take it away maestro~

Attorney General Withdraws Subpoena for SINS OF COMMISSION

Wednesday, August 26th, 2009

I received the news yesterday. I was disappointed to learn the court granted the CCC their summary judgment. I am glad the state dropped its subphoena for SINS OF COMMISSION…but not relieved… if you know what I mean. To know the coastal commission can subphoena a work print and demand raw footage of an unreleased documentary film any time they want, in violation of the 1st amendment,and that too is OK with the courts in California invites very careful consideration by those who oversee such stuff.

I’m in the process of ramping up efforts to complete SINS OF COMMISSION and find the best way for the film can reach the people of California and United States.  Currently, distribution consists of well worn unfinished DVD copies being passed hand to hand underground by the people along the coast of California who know there is another side of the CCC story that isn’t being reported in the news or on TV - except by this film.

Sadly for all of us, the judge let the California Coastal Commission worm their way out of their day in court thanks to a scheme that guarantees no citizen of the state will ever have a fair trail against the state sanctioned thuggery of California Coastal Commission and other agencies like them.

California Courts seem to routinely make the wrong call on coastal commission cases when it appears the CCC is going to  lose, and I am not the first observer to arrive at this conclusion.

I refer to the California Sate Bar Journal Volume 54, No. 1 January/February 1979. In the article, “YOU CANT WIN THEM ALL - OR CAN YOU?”,  an interesting point was raised by the author then, that ought to be reexamined now.

Is it possible for any lawyer (let alone a single client) to be right 88% of the time?

-Michael M. Berger

Let that sink in for a second.  Is it possible…. for any  lawyer….(let alone a single client)….to be RIGHT 88% of the time?

The statistical implication is that trial lawyers are wrong almost all of the time.  How can that be?

That’s 9 times out of 10 times up at bat! That ought raise some eyebrows whether you are a baseball fan or not, and seriously put into play the “honesty” of the recent CCC win into some major league big doubt.

To further understand the screwball math,  one must understand coastal commission modus operandi. Simply put, the triple C can (and does) change-up, alter, amend, and/or create new rules at whim.  The other well know fact is that courts routinely bend the rules for government agencies.

For instance, in South Coast Regional Com v Gordon 18 Cal,3d 832 (1977) the author cite 2 new rules were established - that has startling ramifications. Mr. Berger continues,

Our judicial system is premised on the idea that lawyers-as officers of the court-deal forthrightly with the courts before whom, they practice and the parties whom they oppose…In order to preserve the integrity of litigation as a dispute settling mechanism.

-Michael M. Berger

Take a stand against the California Coastal Commission’s skulduggery.

Support SINS OF COMMISSION. I urgently need your help to finish the film and get it to the people. ALL donations are tax deductible and confidential when made through the film’s fiscal sponsor The INTERNATIONAL DOCUMENTARY ASSOCIATION, a 501 c3 non profit foundation. Fastest, easiest way to help is to click the “DONATE NOW button” on the side of this page, and you will be whisked away to a secure PAY PAL page set up for us. Fill in the blanks, click “send” and bingo…you’ve helped!  You can also send a check to:

The International Documentary Association
Fiscal Sponsorship Program
1201 West 5th Street, Suite M270
Los Angeles, CA  90017.

Please be sure to write  “for: SINS OF COMMISSION” on your check. 

Thank you in advance for your support,

SINS OF COMMISSION sheds more light on California Coastal Commission

Tuesday, August 18th, 2009

The California Coastal Commission vs. Its Critics

The “most formidable player” in California land regulation demands a documentarian’s raw footage

Thank you Brian Doherty and REASON MAGAZINE for clearly, and eloquently illuminating how the California Coastal Commission’s mission has morphed over 30 years into a land grab of immense proportions and far beyond what any reasonable person one would think of as the protection of California’s coast.

Hopefully readers now begin to see just how dangerous two new bills, AB 226 and AB 291, now being considered in the California state legislature are.  If they pass, the result will be like giving steroids to a bull in a china shop. That bull may only be in the coastal zone now but it can easily rampage up the street where you live and ransack your property in the blink of an eye- unless you take some mighty quick action.

Armed with the potent new powers prescribed in AB 226, a well documented power-abusive commission will have more even more broad, sweeping power to tax and fine.  In the case of AB 226, the California Coastal Commission will have the power to levy $5,000-$50,000 “administrative civil penalties” without having to get a court order .

It is unfortunate for the people of California that government views going to court to secure permission to levy a fine on people an inconvenience like a sand trap on a golf course.

This is a brazen broad-daylight attack on our rights… so why does the California legislature continue to endorse thuggery when it should be stopping it?  Where, then, have all the safeguards gone that protect our families, and friends?

California’s government failed to protect people’s property in the past, and won’t protect it now. Instead it will resort to dirty deeds perpetrated on helpless people by a state-sponsored, steroid-induced coastal Czar who has reigned unrestricted over people’s lives for 29 years,  who said on-camera he is not a civil servant, and thus not bound by the constitution nor term limits.

Call your representatives now. STOP AB 226 and AB 291 while they’re still in committee.

After you make the call consider helping SINS OF COMMISSION with a generous tax-deductible donation. Help us help you…or if you prefer, you can just pay them… it’s your choice- but we’re the ones offering a 501c3 deduction… not them.

ALL donations are tax deductible and confidential when made through the film’s fiscal sponsor the INTERNATIONAL DOCUMENTARY ASSOCIATION, a 501 c3 non profit foundation. Fastest, easiest way to help is to click the “DONATE NOW button” on the side of this page, and you will be whisked away to a secure PAY PAL page set up for us. Fill in the blanks, click “send” and bingo…you’ve helped!  You can also send a check to:

The International Documentary Association
Fiscal Sponsorship Program
1201 West 5th Street, Suite M270
Los Angeles, CA  90017.

Please be sure to write  “for: SINS OF COMMISSION” on your check. 

Thank you in advance for your support,

Richard

SINS OF COMMISSION - KSCO AM - SATURDAY SPECIAL Audio File

Tuesday, August 11th, 2009

NOW - Listen to this!

If you missed KSCO’s spectacular SATURDAY SPECIAL radio show hosted by MZ, broadcast last Saturday on AM 1080 - you can hear it right here right now.

If you think SINS OF COMMISSION is making a difference in California- help keep it going.

Critical time California.

2 diabolical bills, AB 226 and AB 291 are in the works and if you think the people along the coast in California are the only ones going to suffer, you are are in for a big surprise, and a rude awakening.

Now, more than ever, is the time to contribute to SINS OF COMMISSION. If you’ve been thinking about doing it, hoping someone else would - waiting for summer, wait no longer - summer is almost over.

ALL donations are tax deductible and confidential when made through the film’s fiscal sponsor the INTERNATIONAL DOCUMENTARY ASSOCIATION, a 501 c3 non profit foundation. Fastest, easiest way to help is to click the “DONATE NOW button” on the side of this page, and you will be whisked away to a secure PAY PAL page set up for us. Fill in the blanks, click “send” and bingo…you’ve helped!  You can also send a check to:

The International Documentary Association
Fiscal Sponsorship Program
1201 West 5th Street, Suite M270
Los Angeles, CA  90017.

Please be sure to write  “for: SINS OF COMMISSION” on your check. 

Thank you in advance for your support,

Richard



 
 
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