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June 20, 2004 VNN8647 Related VNN Stories
Iskcon's Attorney Suspended By California Bar Association
BY HANSADUTTA DAS
USA, Jun 20 (VNN) — In 1997, Hansadutta das hired Joseph Fedorowsky, aka Gupta dasa, to defend him and Srila Prabhupada's Bhaktivedanta Book Trust in a court case brought by ISKCON/BBTI, seeking a court declaration that Srila Prabhupada's BBT was never a valid trust, never a legal entity, and never owned the copyrights to Srila Prabhupada's books.ISKCON and BBTI's claim wa that:
Srila Prabhupada was "works for hire" meaning, Iskcon hired Srila Prabhupada, giving him office space, pen, paper and pencil, therefore whatever, he produced was the property of Iskcon, and Srila Prabhupada had no legal rights over his translation and commentaries ( bhagavad gita, srimad bhagavatam etc...) because they actually belonged to Iskcon, since they (Iskcon) hire him (Srila Prabhupada), supplied him the paper, pencils, prasadam and office space for his work. Therefore Iskcon, not Srila Prabhupada were the legal owners of the copyrights to Srila Prabhupada's books. Unbeleivable but true, legal affidavits to support this are available, from Amarendra Prabhu (ISKCON's attorney) in this case.
This position being impossible to maintain by any stech of the immagination the court case was settled in November, 1998. at that time ISKCON/BBTI granted to Hansadutta and co-defendants a publishing license to print Srila Prabhupada's original, unrevised works, and also agreed to pay out a settlement money of $350,000.00 for start up money to begin publishing Srila Prabhupada's original, unedited books.
However,Immediately after the conclusion of the court case, Joseph Fedorowsky (Gupta dasa) bagged the settlement money, claiming it as fees for his legal work, and by means of crafty legal maneuvers took control of the publishing license, and eventually altogether removed Hansadutta and co-defendants from the licensee Board. In this way, Gupta dasa effectively deprived his clients of any and all benefits from the court case settlement, for his own personal gain.
Shortly after the settlement, Hansadutta and co-defendants ( das anu das, and Bhima Das ) also learnt that sometime in 1997 or 1998, Gupta dasa had embezzled - misappropriated - $125,000 of clients' funds, $100,000 of which belonged to Bhima dasa. This he did secretly, all the while leading his clients to believe that he was acting in their interests, and persuading them that the settlement was in their favor. Thus by deception and fraud, Gupta das piggybacked himself into a position of legal power to benefit himself at the expense of his clients, Hansadutta, Bhima and Das Das anu das devi dasi.
Hansadutta, Bhima and das anudas immediately brought the matter before the California arbitration board, who, amongst other things stated in their final ruling and finding of fact, "Fedorowsky misappropriated $125,000.00 of his clients money" they also ordered him to pay out the settlement money ( $ 350,000.00 )to his clients, which to this day he has not done.
Unbelievably, after this shamelss deception on the part of Fedorowsky, ISKCON favored Fedforowsky (Gupta) by hiring him as their legal counsel to represent them in the matter of the Children of ISKCON v. ISKCON. One has to ask, was there some collusion between ISKCON lawyers and Fedorowsky to defraud his clients in the all-important BBT case, in which Hansadutta sought to re establish the BBT and re-print the original books of Srila Prabhupada?
In 1999, The California State Bar initiated an investigation into Fedorowsky for fraudulent conversion of clients' funds, conflict of interest, malpractice and breach of professional ethics. After 5 years of investigation and prosecution, the State Bar suspended Gupta dasa from active law practice for one month and placed him on a two year bond. The California State Bar regards discipline as a serious measure, and does not recommend suspension without solid evidence. Moreover, Gupta das risks losing his license altogether unless he fulfils certain conditions. The State Bar's discipline attests to his violation of client-attorney ethics.
Anyone else who has been exploited or cheated by Gupta das in the past, is invited to correspond in confidence. this kind of unethical lawyering must be eliminated. You can help stop this kind of menacing pretencious lawyer in the guise of a devotee from further damaging the ISKCON movement.
In the Supreme Court of California En Banc
In Re JOSEPH FEDOROWSKY on Discipline
It is ordered that JOSEPH FEDOROWSKY, State Bar No. 133200, be suspended from the practice of law for six months, that execution of suspension be stayed, and that he be placed on probation for two years on condition that he be actually suspended for 30 days. Respondent is also ordered to comply with the other conditions of probation recommended by the Hearing Department of the State Bar Court in its order approving stipulation filed January 15, 2004. It is further ordered that he take and pass the Multistate Professional Responsibility Examination within one year after the effective date of this order. (See Segretti v. State Bar (1976) 15 Cal.3d878,891,fn.8.)
Costs are awarded to the State Bar and one-half of said costs must be added to and become part of the membership fees for years 2005 and 2006. (Bus. & Prof. Code section 6086.10.)
--Chief Justice
Dear Ms. Chan:
The Supreme Court has approved the State Bar Court's recommendation for discipline in the Fedorowsky matter. The discipline order, a copy of which is attached, suspends Mr. Fedorowsky from the practice of law for 30 days. Mr. Fedodrowsky will have to comply with various terms of a two year probation, bu will not have to pay restitution.
Based upon our previous conversations, I understand that the ultimate discipline in this matter does not resolve your civil dispute with Mr. Fedorowsky. I alaso understand that the discipline is less severe than what you believe is necessary. However, the Court recommended what it believed to be appropriate given the facts and law as it interpreted same.
This brings the above-referenced case to a close. I thank you for your cooperation throughout the investigation and prosecution of this case.
Very truly yours,
Kevin B. Taylor
Deputy Trial Counsel
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