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Subject: From


your investigation of Dean Makau W. Mutua's perjury Jeffrey Malkan (;;;;;;;;;;;;; Monday, April 7, 2014 9:20 AM



This message is addressed to President Satish K. Tripathi through SUNY Counsel. Dear President Tripathi, On December 5, 2013, you signed an affidavit disclaiming knowledge of my allegations of criminal misconduct against Dean Makau W. Mutua. That was four months ago. Since then, I have continued my attempts through your attorneys to report the crime to you. Unfortunately, I have succeeded only in creating a record of your refusal to respond or investigate. This is the list of faculty members who have personal knowledge of the facts underlying my allegations: Janet Lindgren (retired) Rebecca French Betty Mensch (retired) Rob Steinfeld Tony Szczygiel Fred Konefsky Errol Meidinger Dianne Avery Sue Mangold Shubha Ghosh (now at University of Wisconsin) George Kannar Makau Mutua Bert Westbrook Barry Boyer (retired) Isabel Marcus Stephanie Phillips Guyora Binder Jim Gardner Markus Dubber (now at University of Toronto) Lucinda Finley Nils Olsen Most of these tenured professors are still university employees. Lucinda M. Finley is your Vice-

Provost for Faculty Affairs. The truth could be elicited from them within a matter of days, or even hours. In addition, the Attorney General has deposition transcripts and documentary evidence that you and your attorneys, under the circumstances, are obliged to review and consider. The evidence is conclusive that Dean Mutua swore to false testimony regarding a material fact in my legal claims against him and the University. He testified that I did not have a valid contract or property interest in state employment because the P&T Committee, on April 28, 2006, failed to make a recommendation on my reappointment and promotion, and instead voted to recommend my termination on one year's notice. His lies were premeditated, calculated, and repeated in both state and federal courts at an interval of three years. His intention was to leverage the credibility of the Dean's Office into a miscarriage of justice. Your disengagement from your oversight responsibilities over the past four months raises the distinct possibility that your disclaimer of prior knowledge of my allegations, which took the form of a sworn legal instrument, was intentionally and materially false. The congratulatory e-mail you sent to Dean Mutua on November 15, 2012 is evidence that you personally received a copy of the tainted ruling of the Public Employment Relations Board (PERB). (See below.) That establishes your constructive knowledge of facts and circumstances of which you professed ignorance in your affidavit. Dean Mutua's deposition testimony on December 19, 2013 proves that he is repeating and embellishing the same lies in an attempt to derail the due process of law in federal court. The state's attorneys are certainly aware that, as officers of the court, they cannot condone your continued protection of Dean Mutua, much less the use of state resources for doing so, without putting themselves at legal risk. Sincerely,

Jeffrey Malkan

-----Original Message----From: [] Sent: Thursday, November 15, 2012 10:34 AM To: Tripathi, Satish; UB Provost Subject: Fw: U-28826 (UUP v. SUNY Buffalo) ALJ Decision.PDF Satish, Chip: See judgment of the Labor Board -- Jeff Malkan has lost the case. judge's opinion is very unequivocal. Good news. Makau Mutua Dean SUNY Distinguished Professor The

Floyd H. & Hilda L. Hurst Faculty Scholar SUNY Buffalo Law School The State University of New York 319 O'Brian Hall Buffalo, New York 14260 Tel: (716) 645-2052 Fax:(716) 645-5968 SSRN: Dear Makau, Great news! Congratulations. Best, Satish ******** Satish K. Tripathi President University at Buffalo, SUNY 501 Capen Hall Buffalo, NY 14260 Phone: 716-645-6269 Fax: 716-645-3278