Albuquerque Journal Colleen Heild (Reporters are committed to telling stories of ABQ community)
- Private009 Kearney
- Mar 21, 2022
- 5 min read
Judge Malott reverses decision to unseal financial documents in Decades, Inc. guardianship fraud case as a result of Malott's impropriety in sharing his personal bias regarding conservatorship at the Albuquerque lawyers club luncheon and under pressure from Albuquerque Journal to unseal financials.
Ayudando employee blows whistle that Ayudando employees are embezzling money from Rosenstiel guardian conservatorship.
"It's difficult to imagine a greater betrayal of trust" said assistant US Attorney Jeremy Pena.
NM FBI assistant special agent in charge Derek Fuller said he and other agents involved in the Ayudando case wanted to deliver a message - "If you are managing funds for people who depend on you for your honesty and you decided to help yourself to the till" Fuller said, "We will come after you!"
4.10.17 judge Malott prohibits disclosing all ARCO financial records in Kearney vs. Abruzzo case.
4.13.17 Albuquerque Journal editorial - NM judge Malott "jail threat" tramples 1st amendment.
Editorial - This is a basic principle of our American constitutional system of jurisprudence. While ignoring that precedent, Malott also appears to consider the notion of a hearing or trial before conviction and sentencing to be a quaint oddity. Malott didn't simply say an individual would face contempt charges for violating the order. He went on to say "it's straight to jail." Mind made up.
Editorial - Lawyers for the Albuquerque Journal appear before Malott later in the day. Only to have the judge announce in advance of that presentation that he wasn't going to change his mind, a transcript of the proceedings shows. Hearing arguments and applicable law before deciding also would seem to fall into the "quaint notion" category.
The issue here isn't that the Journal intends or wants to present Aburzzo family financial details to the public. We don't. But when a judge tramples on the First Amendment in the way Malott has, it is a dangerous precedent that should concern us all. We live in a country where First Amendment freedoms are cherished and protected. Albuquerque Journal and it's reporters are committed to telling (subjectively) the stories of our community. Or what sells the most papers.
4.28.17 Malott's orders on privacy in Abruzzo's trust trial defended.
The Albuquerque Journal and NM Foundation for Open Government "NMFOG" asked the Supreme Court to vacate Malott's order as an unconstitutional prior restraint on matters that take place in open court.
Neither the Journal nor NMFOG had challenged earlier orders by Malott putting discovery materials off limits to the public. But they objected when Malott began the public trial by saying that anyone in court would see the inside of jail cell if he or she repeated certain information outside the court room. If the Journal intervened and insisted all documents, including financials, be unsealed in the Rosenstiel's case to determine if the Rosenstiel's were defrauded, why isn't the Journal interested at all in ascertaining if ARCO (The Abruzzo's) are defrauding its shareholders through sophisticated and architected accounting methods and stock buy back schemes (i.e. suppressing asset values and squeezing shareholders' and value) or, evade or under report paying local, state, and federal taxes (NM Taxation & Revenue and IRS) by undervaluing ARCO's 25 entity companies. Over the past 15 years Arco has reported gross revenues $500 million yet (Co-Trustee) Louis Abruzzo a remainderman of MPAK Trust contends in federal and district court under oath that his sister Marypat Abruzzo-Kearney trust, which owns 19.2% of ARCO's holdings is worth $12.5 million dollars. Abruzzo also reports his companies are valued at $65.8 million. You do the math! - That means each of 26 ARCO's LLC companies contrived value is $2.5 million each and produce an average net income of $230 thousand net income per LLC. This begs the question something smells rotten in Denmark. Folks this is in the shareholder squeeze out Playbook, the goal of ARCO/Abruzzo's is to control the company, ultimately take it private, pay the minority shareholders as little as possible in distributions and stock buy backs by undervaluing the company and pay as minimal taxes as possible all the while maintaining their image as a corporate beacon in the state of New Mexico. When in reality the Abruzzo's have little regard behind closed doors about their investors, employees, and other local family corporations who have contributed to New Mexico's growth over the past decades. Louis Abruzzo behind closed doors chides those who have made mistakes with his go-to line "he/she/they/everybody is a F$%#'n idiot" with his hubris complex. Squeeze-Out Technique: Withholding Information | New Jersey Law Blog (njlawblog.com)
ARCO 25 LLC'S: Alvarado Realty Company and its subsidiaries. These subsidiaries include Alvarado Management Ltd. Co., Sandia Heights Services LLC, Executive West LLC, North Park Apartments LLC, San Pedro Village LLC, Sunrise Apartments Ltd. Co., Town Plaza LLC, Main Place LLC, Bel Air Corporation, Fair Plaza, Inc., Hoffmantown Shopping Center, Inc., Phoenix Peak North LLC, One Towne Center LLC, City Place LLC, Biltmore Pavilion LLC, Scottsdale 8700 LLC, Sandia Properties Ltd. Co., Santa Fe Ski Company, Sandia Peak Ski Company, Sandia Peak Tram Company, Sandia Peak Utility Company, Sandia Peak Services, Inc., Peak Dining, LLC, and Sandiago's, LLC.
It certainly appears that both the Albuquerque Journal including Charles Pfeifer - the Journals legal representation, subjectively advocate investigative journalism on a story-by-story basis in lieu of consistent investigative journalism, which is to seek facts and truth. Or, are there other underlying circumstances or self-interests by complicity parties that influence what the Journal will pursue and how deep they will investigate to find the truth. Journalist are not objective the are biased and subjective based on their own personal parameters. Moreover, they are influenced internally and externally by their bosses or political powers or years of attorney relationships that have touched or represent the defendants (Pat Rogers - political operative). Pat Rogers works in the same office with Pfeifer. Pat represent the Abruzzo's, was a director of NMFOG who later resigned due to (i.e. insider emails on NM Downs - Gen. George Custer joke) See link under Pat Rogers "Perfect fit for the Abruzzo Brothers."
Article - "Be Afraid of The Dark!" NMFOG 5.17.21 by Kent Walz, Chief Editor Albuquerque Journal. https://nmfog.org/fogs-transparency-key-to-democracy-project/
ARCO, and its response, said the confidential information was not a matter of public concern and pointed out that the journal wrote in an editorial that it did not intend to publish the information. "It is difficult to imagine how the public could have any legitimate interest in such information," the response said period. "And (the journal and foundation for government) do not argue otherwise." The US Supreme Court has likened proceedings in a public trial to "public property."
One of NMFOGS missions is to Argue for court decisions that uphold public access. New Mexico sunshine laws are strong, but the courts inevitably need to play umpire from time to time. As the leading expert on state sunshine law, NMFOG tries to weigh in whenever major freedom-of-information cases come before an appellate court. And on several occasions, we have initiated or joined open-government lawsuits in district court.
This article was written on what would've been Marypat Kearney's 54th Birthday which I find completely inappropriate by Colleen Heild of the Albuquerque Journal. (This was orchestrated by the Abruzzo family I suspect) don't you find it odd the only family photo that was found was from 1985 Business Journal. Because there isn't any other photos with the four of them after their parents tragic plane crash!
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