From: jeffrey_malkan@msn.com To: cewing@buffalo.edu CC: averydianne@gmail.com; svm@buffalo.edu; nolsen@buffalo.edu; gbinder@buffalo.edu; rebeccarfrench@me.com; jrnewton@buffalo.edu; jljarvis@buffalo.edu; eemeid@buffalo.

edu Subject: FW: your message to my attorney Date: Tue, 4 Mar 2014 20:05:37 -0500 Chuck, It's difficult for me to believe that SUNY's attorneys, acting on behalf of President Tripathi, are trying to bully the victim of a crime for trying to report the crime. (See below.) I don't know what justification you have for not resigning from this administration.

Jeffrey

From: jeffrey_malkan@msn.com To: jbaker4@buffalo.edu CC: cewing@buffalo.edu Subject: your message to my attorney Date: Tue, 4 Mar 2014 17:26:24 -0500 Dear Ms. Baker, I believe that you and Mr. Ruggieri have committed professional misjudgments that have placed your client, President Tripathi, in legal jeopardy. In addition, you wrote to my attorneys that you did not want me to be wasting President Tripathi's time. That was a foolish and demeaning comment, considering that this litigation has been going on for six years and all I was asking from President Tripathi was two hours to sit for a deposition, at the time and place most convenient to him. Since November 2010, President Tripathi has had constructive knowledge, in the form of six letters and two newspaper articles, that I accused Dean Mutua of perjury in state court. Since December 2013, when he signed the affidavit you prepared for him, he has had actual knowledge as well. I have a right to report a crime to the President and he has a duty to acknowledge and investigate it. What is shocking is that the President claimed in his affidavit that he still didn't know about my allegations. That is difficult to believe and requires an explanation. In fact, despite the compelling evidence of his criminal misconduct, Makau W. Mutua is still sitting in the Dean's Office. That's what a competent attorney would be concerned about. I'm going to continue contacting anyone I need to contact to make sure that no one in the administration or SUNY legal counsel can deny knowledge of this crime. This e-mail to you is part of that record. This is my project, not my attorneys. To be fair, if President Tripathi wants to contact my attorneys directly, he may do so with my permission.

Sincerely,

Jeffrey Malkan

Rick and Bryan:

Below and attached contain correspondence from your client to SUNY Office of General Counsel, counsel for the University at Buffalo. You do not appear to be copied on this correspondence. As discussed this afternoon, we think it is inappropriate for your client to communicate directly with attorneys from my office, particularly without your knowledge, if that is the case. We trust you will address with your client as you deem appropriate.

Please let me know if you have any questions.

Jessica M. Baker Associate Counsel SUNY Office of General Counsel University at Buffalo 3435 Main Street, 216 Harriman Hall Buffalo, New York 14214 Phone: (716) 829-2896 Fax: (716) 829-2653 jbaker4@buffalo.edu