How Michael Miller Came to be "In Charge" of New Falcon

The recent history of New Falcon and its "principles"

How Michael Miller Came to be "In Charge" of New Falcon

Postby nicktharcher on Thu Jun 26, 2008 7:35 pm

On June 14th, 2008, we announced the opening of "The Original Falcon Press" and described some of the events that led to its creation.

Since then we've received many encouraging and enthusiastic offers of help and congratulations from our friends and supporters. Thank you. Words cannot express how much this has meant to us.

In that announcement we alluded to the forthcoming disclosure of more details surrounding the events which preceded all of this. What follows are some of the most relevant documents. We feel they sadly and succinctly tell this part of the story, namely, how Michael Miller came to be in charge of USESS/New Falcon Publications two weeks before the death of his biological father Alan R. Miller, Ph.D on the morning of February 9, 2008.

The "parent" of New Falcon Publications is "The United States Ecclesiastical Society and Seminary" (USESS), a California corporation established in 1981 (thus, if you will, New Falcon Publications is a DBA/subsidiary of USESS). USESS is a non-profit religious organization, and as such Alan did not...could not..."own" it: non-profit organizations cannot be "owned" by anyone. (Among other things, that means that he couldn't, and didn't, "leave" it to anyone in his "will" or in a "trust" or in any other way.)

As sole Director, however, Alan could...unilaterally and at any time...make such decisions as he felt appropriate to the operation and future of the organization, including the appointment of a successor. We contend, based on the next document, that the successor Alan appointed was Lee Rosenstein (aka Nick Tharcher). Michael Miller asserts, based only on the last document in this section, that he was designated as the sole director and thus is "in charge". We say that the evidence below unequivocally proves otherwise.

1) As shown in the next document, on August 21, 1995 Alan appointed Lee Rosenstein (aka Nick Tharcher) as his legal successor to the Directorship of USESS. This document was never modified, replaced or rescinded.

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2) In case you're wondering if that's really Alan's signature in the previous document, here are a few other documents he signed over the years. The first is Alan's passport.

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The next document dates from around 1982. (We've included this one because it brings back some great memories and because, despite all the unpleasantness and pain of this sordid situation, we still try to keep a sense of perspective and humor.)

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The next example is a check he wrote in 1983 followed by one written just a few weeks before his death. Note that his signature is largely unchanged over many years.

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3) By mid-January Alan's condition had deteriorated significantly. He was hospitalized from January 12-16 because he had largely stopped eating and drinking and was becoming dehydrated. Just one day after his discharge (January 17), he fell out of bed and was readmitted to the hospital. He was given a variety of tests, including an MRI, which showed unequivocally that he had suffered a number of debilitating strokes. The medical reports (of which the following is just a small part) clearly and repeatedly state that he was neurologically and cognitively impaired. And remember: in addition to the impairment due to the strokes, he was also being given large quantities of morphine for pain; that, too, contributed significantly to his mental disability.

These first two reports document that he suffered strokes ("embolic events"; "cerebrovascular accidents"; "CVA's") to at least 7 distinct areas of his brain:

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Next are two "collages" of the relevant portions of several pages of (mostly boring) medical reports. As you can see, he was characterized as "forgetful", "confused" and "lethargic." One entry states that he "guessed he was in 'rehab' and [the year] was '2002'."

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4) The next 2 documents show the extent of the changes that had occurred in his signature by mid-January. First is a document dated January 13 (from the first hospitalization) in which his signature occurs twice. Both only vaguely resemble his usual signature.

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Next is the discharge document from Alan's second hospitalization, dated January 20, just one week after the previous document. His signature (if it could be called that), overwrites the line with his printed name and bears no resemblance at all to the signature shown in previous documents.

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By January 20, it was clear to everyone around him that he was severely impaired (for example, he could no longer state what year it was, not even moments after being told), and it was time for him to go home to hospice care.

5) On January 22, two days after Alan went home to die, Michael Miller contacted USESS' attorney, Paul Basile. (In a deposition Michael Miller admitted that Basile did not speak with Alan. Nonetheless, Basile prepared the document, sent it to Michael Miller, and billed USESS for the work…even though Michael Miller had no association to the organization and no authority to do this. That Basile did it anyway speaks to Michael Miller's ability to persuade. As one of Falcon's authors put it: "He gives good phone." )

The result of that conversation with Basile is the next document, the sole document, that Michael Miller presents to support his claim to the Directorship of USESS/New Falcon Publications. Again, the signature bears no resemblance to Alan's usual signature. And it is important to remember that when Alan "signed" this document on January 26, his cognitive mental state was tremendously impaired as a result of both (1) continual, massive doses of morphine and, (2) the many strokes he had suffered. Either factor alone would make him incompetent to sign such a document, but both together....

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Other than this "document", there is not the slightest shred of credible evidence...no other documents, no statements to friends or family, NOTHING...to suggest that Alan ever intended Michael to be involved with Falcon in any way. To the contrary, there is abundant evidence that he did not.

Thank you for taking the time to review this material. If you have any questions or comments, please feel free to write to Nick Tharcher at nick@originalfalcon.com
 
Last edited by nicktharcher on Sun Nov 18, 2012 11:03 am, edited 29 times in total.
Reason: made sticky and locked topic so only admin can edit it.
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