VIA FACSIMILE AND U.S.
Mr. William Risner, Esq.
Dear Mr. Risner:
We are in receipt of
your March 3, 2004 letter and as I stated in our meeting with you yesterday,
it is out of our hands and we are now letting the Ethics Committee handle this matter. Although we do not believe we have
stated anything defamatory (because we believe our concerns are well-founded, well-reasoned and true), we will respect your
request in your March 3, 2004 letter that this matter not be spread around,
nor have we spread this matter around, whereas we have no malicious intent regarding this matter. We are simply concerned
that an ethics violation has occurred and we in good faith filed an Ethics Complaint. Surely you are not suggesting that we
do not have a right and an obligation to file an ethics complaint?
You should also know
that our client KXCI feels violated and betrayed by your actions and please also be advised that we believe you may have breached
your on-going fiduciary duty of confidentiality as a former Board member of KXCI and we, have been moving forward on that
matter as well. We are also mindful of the spirit and the letter of the law regarding privileged communications.
As an aside, if you are
concerned about "containment" of this matter, you would be well advised to refrain from sending each member of the Board of
the Foundation for Creative Broadcasting copies of documents that reference this matter; you and your associates should refrain
from printing elements of this matter in the newspaper and on websites and you and/or your associates and clients should refrain
from personally discussing this matter and communicating via email about this matter with other members of the Democracy Initiative
and other third parties, which we recently learned that you and/or your associates and clients have done.
Gary A. Wolf