North Carolina State Bar Ethical Standards

 

Transactions with Persons Other Than Clients

 

Rule 4.1 Truthfulness in Statements to Others

 

In the course of representing a client a lawyer shall not knowingly

make a false statement of material fact or law to a third person.

 

Comment

 

Misrepresentation

 

[1] A lawyer is required to be truthful when dealing with others on a

client's behalf, but generally has no affirmative duty to inform an

opposing party of relevant facts. A misrepresentation can occur if the

lawyer incorporates or affirms a statement of another person that the

lawyer knows is false. Misrepresentations can also occur by partially

true but misleading statements or omissions that are the equivalent of

affirmative false statements. For dishonest conduct that does not

amount to a false statement or for misrepresentations by a lawyer

other than in the course of representing a client, see Rule 8.4.

 

Statements of Fact

 

[2] This Rule refers to statements of fact. Whether a particular

statement should be regarded as one of fact can depend on the

circumstances. Under generally accepted conventions in negotiation,

certain types of statements ordinarily are not taken as statements of

material fact. Estimates of price or value placed on the subject of a

transaction and a party's intentions as to an acceptable settlement of

a claim are ordinarily in this category, and so is the existence of an

undisclosed principal except where nondisclosure of the principal

would constitute fraud. Lawyers should be mindful of their obligations

under applicable law to avoid criminal and tortuous misrepresentation.

 

________________________________________________________________

 

                   Violations by Strohm

 

Leslie Strohm has made a number of false statements in violation of

Rule 4.1 These false statements have adversely affected my

relationship with the University, causing my internet access to be

suspended.  The following Emails document this.

 

________________________________________________________________

 

 

Subject: Dispute with Mr. Villarosa

Date: Mon, 17 Jan 2011 23:40:39 +0000

From: Strohm, Leslie Chambers <strohm@email.unc.edu>

To: Elliot Cramer <cramer@email.unc.edu>

 

 

When the University receives a receive a complaint about a possible

violation of these policies, we do an investigation.  Pursuant to the

University Policy on the Privacy of Electronic Information

(http://www.unc.edu/campus/policies/elec_info.html), your email files

were reviewed.  What we found is that, since 2004, you have regularly

used your "unc" account to set up and manage a PayPal account on

behalf of FOCAS and to solicit monetary gifts from donors and

potential donors to FOCAS.

 

________________________________________________________________

 

 

Subject: Re: Dispute with Mr. Villarosa

Date: Mon, 17 Jan 2011 21:29:00 -0500

From: Elliot Cramer <cramer@email.unc.edu>

Organization: University of North Carolina at Chapel Hill

To: Strohm, Leslie Chambers <strohm@email.unc.edu>

 

 

This is not true at all; I did not set up the paypal account and I did

not manage it.  In fact, I have had nothing to do with the paypal

account until recently, following the death of Margaret Mauney who did

set it up and manage it on her own account.  My association with FOCAS

began in 2004 but, I believe, the paypal account was set up some years

later.  The only contact with UNC was that Paypal sent me notices of

contributions to FOCAS and I forwarded these notices to Pat Sanford,

starting in October 5, 2009;  I see 25 emails to me and  all but five

are since May and are related to the Robeson County animal shelter

which Rep McElraft has been involved with.  I believe that this is in

the category of "incidental personal usage by faculty, staff, and

students".  In fact, my association with FOCAS is in the nature of

public service since FOCAS is organized under State law as a public

charity, not a business 

 

________________________________________________________________

 

Date: Mon, 17 Jan 2011 23:48:08 -0500

From: Elliot Cramer <cramer@email.unc.edu>

Organization: University of North Carolina at Chapel Hill

To: Strohm, Leslie Chambers <strohm@email.unc.edu>,

CC: Holden Thorp <holden_thorp@unc.edu>,

 

 

I have logged onto the FOCAS paypal account and I see that our first

paypal transaction was on 3/25/2008, not 2004 as you say.  I see about

45 contributions since then, an average of about 1.3 per month;  20 of

these were in connection with the Robeson shelter which was a special

case for which we did NOT solicit.  We have never mentioned Robeson

County on our website and contributions through our website for

Robeson specifically mentioned that they were for the Robeson County

lawsuit. Thus we solicited an average of about .7 contributions per

month on a non-UNC website.  I had no occasion to write Paypal about

ANY of these though I probably received emails from paypal, notifying

me of the contributions.

 

It is thus incorrect to say that I "have regularly used your "unc"

account to set up and manage a PayPal account on behalf of FOCAS and

to solicit monetary gifts from donors and potential donors to FOCAS."  

I did not set it up the account; I did not start managing the account

until the end of December; I see only two emails to Paypal about FOCAS

and I do not believe that I have ever had occasion to write them

before

 

________________________________________________________________

 

From: Strohm, Leslie Chambers
Sent: Wednesday, January 19, 2011 4:27 PM
To: Kirby, Brenda W; Davis, Nancy K
Subject: RE: Your help

 Thanks.  We did look at his emails, with permission from the Provost.  We did not just rely on the allegations of Mr. Villarosa.  I will respond to his messages as soon as I have a chance.   I knew that he would take exception to what I wrote – which is why I wrote only to him and gave him a chance to clear up any fact statements that he thought were in error.  He replied to my email, cc’ing a number of other people.   

________________________________________________________________

 

NOTE EMC: I made the following public records request; There are NO records

substantiating Ms. Strohms's statement that "We did not just rely on

the allegations of Mr. Villarosa."

--

 

Subject: Public records request

Date: Wed, 20 Apr 2011 13:04:36 -0400

From: Elliot M. Cramer <elliottcramer@bellsouth.net>

Reply-To: ecramer@alum.mit.edu

To: Strohm, Leslie Chambers <strohm@email.unc.edu>

 

 

Pursuant to 132-6,  I would like to inspect all documents and emails

related to Joseph Villarosa's complaints against me.  Please advise me

when I may come to your office to inspect them

 

________________________________________________________________

 

Subject: follow-up documentation (Public Records Requested

         4/20/2011)

Date: Wed, 11 May 2011 21:51:42 +0000

From: Stabile, Regina <regina_stabile@unc.edu>

To: Elliot Cramer (elliottcramer@bellsouth.net)

 

Dear Dr. Cramer -

 

Please see the attached pdf, which consists of a letter from me.   As

referenced in my letter, we will be sending you a disc via First Class

U.S. Mail (it will be mailed tomorrow morning).

 

________________________________________________________________

 

 

Subject:            public records request for ALL documents

Date:               Mon, 23 May 2011 10:49:38 -0400

From:               Elliot M. Cramer <elliottcramer@bellsouth.net>

Reply-To:           ecramer@alum.mit.edu

To:                 Stabile, Regina <regina_stabile@unc.edu>

 

 ... What concerns me is that the only documents I received were

emails.  Are you saying that there are NO OTHER DOCUMENTS (ie notes,

memos etc) in the University related to Villarosa's complaints against

me.  If this is so, except for Ms Strohms's faulty memory, there is

NOTHING to substantiate  Ms Strohm's  January 17 statement to me that 

"you have regularly used your "unc" account to set up and manage a

PayPal account on behalf of FOCAS and to solicit monetary gifts from

donors and potential donors to FOCAS."  I know that statement to be

false, as I wrote her on January 17.  Furthermore, FOCAS is a

non-profit public charity and University regulations refer to

"commercial or for-profit ventures".

 

 

________________________________________________________________

 

Subject: RE: follow-up documentation (Public Records

                    Requested 5/17/11)

Date: Mon, 23 May 2011 12:44:58 +0000

From: Stabile, Regina <regina_stabile@unc.edu>

To: ecramer@alum.mit.edu <ecramer@alum.mit.edu>

 

 

Dear Dr. Cramer -

 

I note in your message below that you again reference documentation

missing from your previous request.  As stated in my letter to you

early Friday afternoon, we provided you with all documentation

responsive to your April 20th request.

 

________________________________________________________________

 

 

Subject: Re: follow-up documentation (Public Records Requested 5/20/11

         and 5/23/11)

Date: Mon, 06 Jun 2011 17:32:01 -0400

From: Elliot M. Cramer <elliottcramer@bellsouth.net>

 

 

Thank you very much;  your attached letter confirms (as I believed)

that the University has no documentation to support Ms Strohm's 

January 17 statement to me that  "you have regularly used your "unc"

account to set up and manage a PayPal account on behalf of FOCAS and

to solicit monetary gifts from donors and potential donors to FOCAS."

 

________________________________________________________________

 

 

Additional false statements were made in her letter to FIRE