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Saturday, September 29, 2007

Fact Fifty (September 30, 2007) – Capella University GUILTY!

A Federal Law Enforcement Agency has Just Found Capella University in Violation, on TEN COUNTS, of the Family Educational Rights and Privacy Act (FERPA)!

In yet another spectacular announcement, in just two days, the Family Policy Compliance Office (FPCO), a law enforcement agency within the United States Department of Education, has just informed Capella University's lying President, Michael J. Oaf-Offerman (who is also involved in the Capella University - University of California, Irvine kickback scam that was also just reported by the Chronicle of Higher Education) that his "school" has just been found in violation, on TEN COUNTS, of the Family Educational Rights and Privacy Act (FERPA) for their intentional refusal to turn over education records of a student who is currently suing them. What makes this even more disgusting is that well over THREE YEARS have already transpired and Capella still hasn't produced those records (and; therefore, the FERPA investigation against them remains open)!

While there is much, much more to this story than we are currently reporting (to be posted in the near future), the FPCO notified Oaf-Offerman in a letter dated September 24, 2007 that there were ten items that the student had request but that Capella has refused to produce for which,
"There is no explanation as to why such records were denied the Student by the University or a reason under FERPA that supports such denial. We find, therefore, that [Capella] University violated FERPA when it did not provide the records outlined below to the Student within 45 days of his July 10[, 2004] request."
It can't get any plainer that that! Again, we'll be posting much more on this matter, including the countless number of times that Capella's own unethical shysters have stuck their big feet in their mouths regarding this important case!

Friday, September 28, 2007

Fact Forty-nine (September 29, 2007) – Capella University Kickback Scam Exposed!

It is with tremendous pleasure for us to announce that the national news media has now picked up on the story regarding the kickback scam in which Capella University has been paying the University of California, Irvine $500 for each student that transfers into Capella's programs! The Chronicle of Higher Education has published (September 28, 2007) an article entitled, "University of California Campus Benefits From Referring Students to a For-Profit College." While the full article is currently only available to those with subscriptions to the Chronicle, some highlights include:
* "The U.S. Education Department considers such arrangements legal. But critics are not so sure, saying the payments appear to violate the spirit, if not the letter, of a general federal ban on per-student recruitment incentives."
* "While setting up the relationship, Gary W. Matkin, dean of continuing education at Irvine, wrote an e-mail message in September 2002 to Capella's president, Michael J. Offerman, to tell him that Capella's "lawyers still have problems with our marketing arrangement, even though we have been careful not to talk about per-student arrangements."
* Not surprisingly, officials from both UCI and Capella University "declined to say whether their universities were involved in similar practices with other institutions.
* "U.S. Rep. Thomas E. Petri, a Wisconsin Republican and former vice chairman of the House of Representatives education committee, states that, "Colleges should accept students 'based on academic merit -- not on a college's financial gain,' . . .and students should be made aware of any fees exchanged. "
Visitors are encouraged to view the full article on the Chronicle of Higher Education's web site. We'll be posting more on this unfolding story in the very near future.

Tuesday, September 25, 2007

Capella University Drops Doctoral Program in Psychology!

In a stunning announcement made today, Capella University has just reported that they are no longer accepting "learners" (Capella-speak for the term "students") into their Counseling Psychology doctoral specialization. While the reasons for this astonishing piece of news are currently unknown, we do know that Capella University has been trying to obtain accreditation from the American Psychological Association for many, many years without success (gosh, we wonder why).

So, what has Capella said about this latest fiasco? It appears as if the following contains their complete explanation:

"Change in Counseling PsyD - (2007-09-25)

Beginning October 11, 2007, the Harold Abel School of Psychology will no longer accept new enrollments into the Counseling Psychology doctoral specialization. Our decision to discontinue enrollment into this doctoral specialization was not made lightly. Foremost in our thoughts were the needs of our learners and our desire to keep program offerings in alignment with their needs. Over the years, we have seen declining interest in this doctoral specialization, and discontinuing enrollment in the program will allow us to focus our resources on promising new programs that learners and faculty have requested. In the end, we believe our decision to discontinue enrollments will best serve both current and future learners. This change will not affect learners already enrolled in the program, learners pursuing a master's degree in the program, or learners in any other specialization in the Harold Abel School of Psychology. If you have concerns about the impact of this decision on your academic plans, please contact your advisor."
Funny, but they don't mention their repeated failures with the APA!

Sunday, September 23, 2007

Fact Forty-eight (September 23, 2007) – Capella University and UC Irvine, H. Christian L'Orange – Liar, Shyster, Jerk

Capella University and their grossly unethical shyster squad consisting of their in-house shysters – Greg Thom and Priscilla McNulty (who literally makes faces at people during depositions) and their equally unethical counterparts from the “law firm” of Drinker Biddle & Reath, H. Christian L’Orange (Sir Chrisy the Sissy) and Horse’s Ass Capella-Stella Fey Epling, have long established that they are dishonest and unethical liars who will do whatever it takes to cheat and fabricate outrageous (and totally false) stories in order to intentionally deceive the courts.

Today, we would like to focus on Knight Chevalier Commander Hypocrite Hank the Liar L'Orange as he as been so consistently and incredibly arrogant and unabashedly dishonest, we thought it might be fun to point out many (but certainly not all) of his despicable acts of deceit. For example, and remember, these are indeed FACTS, i.e., the TRUTH):

1. L'Orange has refused to turn over education records as defined by Federal Law, the Family Educational Rights and Privacy Act (FERPA) which REQUIRES that all such records be turned over within forty-five days of the initial request. So many requests have been made of L'Orange and his "client" that they're almost impossible to count. However, it is a FACT that the initial request for these records were made more than 1,170 days ago (yes, that's a LONG time) and again, on December 1, 2006 – more than 296 days ago. As a result, Sir Chrisy the Sissy and the rest of Capella’s shyster squad have INTENTIONALLY VIOLATED THE LAW and CONTINUE TO DO SO, even now! Of course, L'Orange's overt refusal to abide by this law has now been reported to (at least one - there could be more - LOL!) law enforcement agency. It is a FACT that L'Orange, along with Capella's other shysters, have now been reported to a LAW ENFORCEMENT AGENCY, for their intentional refusal to abide by Federal Law.

2. It is a FACT that Sir Chrisy the Sissy L'Orange PROMISED to turn over Capella's Bogus Study of WebCT that their dishonest President, Michael Oaf-Offerman publicly pronounced as being "universally praised for being exceptionally user-friendly and intuitive, and providing new and useful online tools" in exchange for information that is protected under the First Amendment. While the plaintiff immediately held up his end of the bargain, Hypocrite Hank the Liar L'Orange NEVER produced that so-called study. It is a FACT that L'Orange is a LIAR. BTW, Sir Chrisy, your blatant dishonesty has been so egregious that no more "deals" will be made. Isn't that too bad?! LOL!

3. It is a FACT that L'Orange is worse than a broken record – he apparently suffers from a chronic case of obsessive compulsive disorder and continually throws the EXACT SAME MATERIALS at the court as many as EIGHT TIMES in an intentional effort to create confusion. Of course, L’Orange is such an unethical JERK that he continues to spew the same materials, ad nauseum. The really pathetic thing is that L'Orange has now resorted to whining about the same things, over and over and over and over again! (Sure, that's a run on error but at least we know when to stop!)

4. It is a FACT (i.e., the TRUTH) that L’Orange has consistently LIED to a FEDERAL court by stating that "approximately 25,213 pages of material were copied" our sites on Wednesday, November 23, 2005 at 6 p.m. Of course, L'Orange is such a boldfaced lying shyster that he has NEVER produced all "25,213 pages of material" – that's because he can't! Apparently, Shyster Hank Quixote L'Orange is also extremely delusional.

5. It is a FACT, that H. Christian L'Orange the dishonest shyster falsely accuses other of "editing and presenting information out of context in order to create false inferences" and yet that is EXACTLY what he does. There can be NO QUESTION that L'Orange is not only a LIAR but that he is also a HYPOCRITE.

6. It is a FACT that L'Orange mocks others by stating, "Ever the legal scholar, [the plaintiff] carefully researched the outer boundaries of what he thought he could state with impunity" and yet L'Orange has not only displayed that he was IGNORANT (in the most literal sense of the term) of some of the laws pertaining to the lawsuit against Capella (most notably, FERPA which L'Orange was literally so completely unaware of prior to this case that he, again literally, referred to it as FERPRA – that's right he had to have the acronym spelled out for him because he was so ill prepared.

7. It is a FACT that L'Orange is such a sleazy unethical ambulance chaser that he (and/or someone from his office) LITERALLY contacted his victims ex-spouse (yes, you read that correctly) in order to make scheduling arrangements. Let's face it, sleazy scum bag shysters, like L'Orange, can't get much lower than that.

8. It is a FACT that L'Orange KNOWINGLY submits FALSE declarations signed by many of Capella's thugs and then cries, like the unethical hypocrite liar he really is by whining when these liars are exposed. Not only that, by shyster L'Orange even has the audacity to state that our posting of the TRUTH about these dishonest LIARS is "unfounded." One of our finest examples concerns one of Capella's favorite poster children – Vickie Cook. She's the former WalMart shelf stocker who catapulted to glory as a “dean” at Kaskaskia Community College who intentionally LIED that we posted her picture, along with details about her crippled wheelchair-bound mother on our web site. Of course, that lie is so ABSURD that we actually laughed when we read Cook's signed declaration – again, that she made under penalty of perjury. As to be expected, shyster L’Orange is too much of a lowlife sniveling girly-man that he also has NEVER produced that information (again, because it has never existed). We're sure ambulance chaser L'Orange must think it will serve to turn Capella’s rags-to-riches poster child into a sob story. Oh, boohoo!

Oh, we could go on and on and on about Hypocrite Hank Christian L'Orange's endless acts of dishonesty (which, as we’ve already noted range from intentionally violating Federal Law [i.e., FERPA] to calling ex-spouses. We would like to focus on one of L'Orange's favorite mantras (he has many) for the rest of this piece. L'Orange, along with the rest of Capella’s shysters, have consistently whined about the kickback scam between Capella University and the University of California, Irvine (UCI) that we have rightfully exposed on our sites. We’ve not only highlight this scam by providing COPIES OF ORIGINAL DOCUMENTS that support our contentions but have also noted the personal "relationship" between Capella’s lying President, Michael Oaf-Offerman and Gary Matkin, Dean of Continuing Education at UCI. We would like to point out a few of L’Orange's asinine comments that he's spewed to a Federal Court about this matter:
"However, in the last two months, [the Plaintiff] has unleashed a whole series of vindictive, unfounded, and particularly defamatory posts where he has again fraudulently accused: Offerman and the Dean of Continuing Education at the University of California, Irvine ("UCI"), (Gary Matkin, or "Matkin") of engaging in a
kick-back scheme wherein UCI is rewarded for transferring students to
Capella (See L70range Dec. at 77, Ex. H ("Facts 12, 13, 14 and 15"))"
Vindictive? UNFOUNDED? Defamatory? Surely Sir Chrisy H. Christian L’Orange must be smoking something. We suggest that he look in the mirror (won't he look cute in his armor?)!

Here's another pile of L'Orange's excrement that he has spewed at the court in the past. Note the heading for it – is L'Orange also EMPLOYED by the UC System? We’re not sure, yet, but we do know that Capella and UCI signed agreements to SUPPORT each other if either one gets sued.
"Defamatory Statements Made to and Concerning UCI

On or about October 3,2005, Gary Matkin, UCI's Dean of Extended Education, forwarded to Mr. Offerman an email with a subject line of "Inappropriate Alliance between University of California and Capella University."

That email [sic] contains a copy of [the Plaintiff’s] August 3 I , 2005 letter directed to Dr. Robert Dynes, President of the University of California ("UC"). The email address and routing instructions indicate that this correspondence was directed to each member of the Regents of the University of California, to UCI's Chancellor, Dr. Michael V. Drake, and the UCI Academic Senate, as well as other individuals. (SER 368-382)

In this correspondence, [the Plaintiff] urges UC to cease doing business with Capella and makes several disparaging and untrue statements, including the following:

"UCI and Capella are now earning tens of thousands of dollars from unsuspecting students who are being scammed into the belief that they can earn a degree from Capella after completing extension courses at UCI."
In addition to the FACT that Gary Matkin was too much of an unethical coward to respond back to the student who had written to him, Matkin also immediately contacted good 'old boy Oaf-Offerman. Furthermore, unethical scumbags, such as Robert Dynes who many, many people recently demanded his resignation for his unethical spending spree at California taxpayers' expense and his side kick, Michael Drake (who seems to make the news every few weeks regarding the endless number of scandals that have rocked UCI under his “leadership”) both REFUSED to respond. Obviously, they've had no problem communicating with Capella!

For now, we’d like to close with providing our readers with yet another copy of one the AGREEMENTS between Capella and UCI in which UCI receives KICKBACKS for every student they successfully steer into Capella’s for-profit "programs." This document is also signed by none other than Capella's Feeble lying President, Michael Oaf-Offerman and his unethical good 'ole boy from UCI, Gary Matkin. Just this document, alone PROVES that L’Orange (along with his buddies from Capella) are the ones who are REALLY engaged in vindictive, unfounded, and defamatory conduct.

CLICK HERE to view the document that PROVES H. Christian L’Orange is a liar and that's a FACT.


Of course, Hypocrite Hank the Liar L'Orange wont provide the above document the court because it PROVES that he's an unethical liar, so will post our favorite portion of it for all to read here. Enjoy!
"Capella will pay $500 per student for any student transferring UCI Extension courses from the identified programs toward Capella degrees as long as the student actually matriculates and remains enrolled through the 100% drop period for their first course at Capella."
Perhaps someone needs to give Sir Chrisy the Sissy L'Orange a dictionary - one which spells out: K-I-C-K-B-A-C-K-S! Earth to Chrisy, Earth to Chrisy? Do you read us?

Friday, September 21, 2007

Fact Forty-seven (September 21, 2007) – Capella University and UC Irvine, Offerman and Matkin Exposed

The unethical practices of Capella University and the University of California, Irvine (UCI), in which Capella has been paying kickbacks to UCI has been (and will continue to be) one of our hot topics. We've already reported on the "friendship" between Capella’s moronic and dishonest President, Michael Oaf-Offerman and his good 'ole boy buddy, Gary Matkin, the unethical Dean of Continuing Education at UCI, which appears to be at the core of the kickback scam.

Today, we’d like to point out how Offerman helps pat his buddy on the back by contributing to Matkin's job evaluations. Heck, Offerman and Capella have had no problem kicking back money for each student that transfers to Capella from UCI, why shouldn’t he also support Matkin in other ways? Heck, Matkin is the one making deals with Capella, we're sure that the two of them wouldn't want to rock each others boat by disrupting the cash flow into each other's programs!
"Dear Mike,

While I can hardly believe it, I am approaching my fifth anniversary as Dean of Continuing Education at UCI. My five year review will be conducted this winter. I have been asked to list people from outside the University who have some knowledge of my conduct as Dean. May I have your permission to put your name on such a list? I am assured that if you are contacted, any response you give will be held in confidence.

Please let me know. Thank you.

Regards,

Gary W. Matkin
Dean, Continuing Education"
To which Matkin's buddy replied:
"Absolutely. Five Years? I agree that is hared [sic] to believe. I hope all is well.

Mike

Michael J. Offerman
President and CEO"
Isn't that cute?! Frankly, what surprises us that it's hared [sic] for Oaf-Offerman to believe that the money has been flowing for so long. Just the same, the above communications are just one example of how much Oaf-Offerman and Matkin have enjoyed promoting each other's money machines.

Lest we forgot, as Capella's unethical lying shysters - Sir Chrisy the Sissy Hank the Hypocrite L'Orange and Horse's Ass Capella Stella Fey Epling, from the "law firm" of Drinker Biddle & Reath, along with Capella's in-house ambulance chasers, Greg Thom and his sidekick shyster Priscilla McNulty – have repeatedly demonstrated that they are incapable of turning over the documents to a Federal court that we have consistently provided on our sites that demonstrate, conclusively, that the facts we are reporting are TRUE, we urge all readers to
CLICK HERE to view a copy of the actual e-mails referred to in this post.
Of course, these e-mails are also available to the public via a California Public Records Act request.

Happy reading, Knight Commander and Liar H. Christian L'Orange!

Thursday, September 20, 2007

Fact Forty-six (September 19, 2007) – Capella University and Shysters Whine About UC Irvine Kickback Scam

As to be expected, Capella University's sleazy and unethical lying shysters from Drinker Biddle & Reath, Sir Chrisy the Sissy Hypocrite Hank L'Orange the Liar (whew!) and equally untrusty steed, Horse's Ass Capella Stella Fey Epling, just won't stop whining about the FACT that Capella's lying President, Michael Oaf-Offerman and his good 'ole boy buddy, Gary Matkin, Dean of Continuing Education at the University of California, Irvine appear to be involved in a highly unethical kickback scam designed to feed as many students into Capella’s programs as UCI can send them. Of course, both Offerman and Matkin have signed written agreements which document that UCI is getting paid for every one of their students who enroll at Capella.

Before we dive into that matter again, we want to highlight the festering pustule of unethical behavior that Capella has engaged in by having shyster L'Orange the Liar whine (again) to a Federal Court about the fact that we have been posting TRUE STORIES about the Capella-UCI kickback scam. Of course, we've also been providing links to supporting documents regarding this scam – which shyster L'Orange, as a rule, consistently fails to provide to the court. As a result, we’re proud to post just one (of several) whiny piles of L'Orange's excrement in print for all to see (and smell – be sure to hold your nose!). CLICK HERE to view L'Orange's sissy whine.

Of course, we can't help it when Knight Commander Hank L'Orange gets knocked off his saddle every time he’s exposed for what his really is – a dishonest ambulance chaser who resorts to fabricating facts in his never-ending attempts to mask reality. For example, in a recent response to one of Hypocrite Hank’s ceaseless projectiles of vomitus, the Plaintiff filed a response which noted just a few of L'Orange's and Epling's outlandish claims designed to mask reality. Part of that response states:
"It is clear from its Moving Papers that Defendant’s [Capella University’s] view of falsity is rather expansive. For example, Defendant asserts that Plaintiff made a false statement when he accused defense counsel, Ms. Epling, of perjury. However, the facts are that Ms. Epling filed an Affidavit with the Court which, she admitted in a subsequent affidavit, was in fact erroneous. [CLICK HERE to view Epling's Affidavit where she tried to worm her way out of a lie.]

"Further, Defendant alleges that Plaintiff has falsely accused Capella officials of insider trading, when in fact the support for his assertion is based upon a news article which refers to insider activity reported to the SEC by Capella officials. [CLICK HERE to view one of those articles.]

"Defendant further claims that statements concerning the relationship between Capella and officials from the University of California Irvine are false. In fact, documents obtained under the California Public Records Act can be read as certainly suggesting the appearance of inappropriate activity between Capella and officials from UC Irvine."
Hmm. . .CLICK HERE to view just one, of many, documents that "suggest the appearance of inappropriate activity between Capella officials from UC Irvine." Heck, the document we've just referred to (again, click on the link to view it as Hypocrite Hank certainly won’t), was personally signed by Capella University's own feeble President and Liar, Michael Oaf-Offerman and his buddy, Gary Matkin, the Unethical Dean of Continuing Education at UCI; that document states:
"Capella will pay $500 per student for any student transferring UCI Extension courses from the identified programs toward Capella degrees as long as the student actually matriculates and remains enrolled through the 100% drop period for their first course at Capella."
Well, Hypocrite Hank the Liar L'Orange, just how many ways must one spell K-I-C-K-B-A-C-K in order for you to recognize that UCI is being paid by Capella for feeding students to their FOR-PROFIT programs. Oh well, guess we shouldn't cast pearls before swine (our apologies to literal [not figurative] members of the pork persuasion).

Tuesday, September 18, 2007

Fact Forty-five (September 18, 2007) – Capella University and UC Irvine: More on the Kickback Scam

There is certainly plenty of information available about the sleazy practices of Capella University and their grossly unethical lying shysters – Hypocrite Hank (H. Christian L’Orange) and Horse’s Ass Capella Stella Fey Epling – from one of Capella’s "law firms" of Drinker Biddle & Reath, along with their own in-house coven of shysters – Greg Thom and Priscilla McNulty (Prissy McNutty). All four of these unscrupulous and dishonest thugs have lied to Federal Courts (and under penalty of perjury) and have also engaged in such nefarious conduct as contacting the ex-spouses of their intended victims in order to change their victim’s schedules. Heck that even makes ambulance chasers look benign in comparison!

Our topic for the day; however, concerns the ongoing saga the unethical actions of Capella University's feeble President Michael Oaf-Offerman and his good 'ole boy buddy, Gary Matkin, Dean of Extended Education at the University of California, Irvine (UCI). The problem is that UCI is accepting kickbacks for steering their students into for-profit Capella University’s “programs.” Of course, Capella doesn’t care who they accept, as long as the money keeps flowing in. For example, Oaf-Offerman offered to accept the rejects from his buddy Gary Matkin's Extended Education Program at UCI. What is so disturbing about this; however, is that Offerman wants undergrad students from UCI Extended Education programs who "cannot gain full admission to UC" to enroll at Capella. Gosh, it would certainly appear as if UCI Extension is now attempting to take the place of community colleges and other (real) four-year undergraduate programs. The following is an actual excerpt from Offerman’s e-mail to Matkin.
"We will also work with you to explore the possibility of an articulation agreement for undergraduates who start with UCI Extension but cannot gain full admission to UCI. This program could become a joint effort beyond California whereby students could enroll with UCI for lower division, general education work and then take upper division professional programs at Capella."
We already KNOW that shyster H. Christian L'Orange will be too unethical to print out the documentation that supports the above FACT; therefore visitors may CLICK HERE to view the full copy of Offerman’s sales pitch to his buddy, Gary Makin.

Isn’t that special?! Let's move on now for more information about the kickback scam between Capella University and UCI. We’ve previously noted several of the signed agreements between these two “schools” as well as posted many other FACTS about this ongoing scam. Today, we would like to post some new materials pertaining to the money machine that is getting greased by Offerman and Matkin:

1. When UCI "develops" and/or "co-teaches" courses with for-profit Capella University, just who are the instructors? Hmmmm. . . According to an e-mail from Harry McLenighan (from Capella) to Morgan Appel (from UCI), they worked out an "agreement" to skirt "California Regulators" by noting that,
"Yes, regarding the contract issue ... They're your [UCI’s] employees for supervision, hiring, et al. We [Capella] send them a very generic adjunct contract (more a MOA than anything) to sign that will cover us both w CA regulators who won't permit Capella to have agents working on their behalf in CA. So, by them acknowledging their relationship w Capella via that contract, they become joint employees."
Heck, this doesn't just smell fishy – it reeks like an entire cannery that hasn't been cleaned in weeks! Once again, we're providing a copy of the actual e-mail – which, of course, shyster Hank L'Orange won't bother to provide the court during his next tantrum. CLICK HERE to view the e-mail just mentioned.

2. Hmm. . .then, in another love letter to Matkin, Offerman brings up the kickback scheme to his buddy by stating,

"We would like to approach the $500 payment per student to be made based on the transfer of UCI courses from the target programs for those students who remain enrolled in their first course past the 100% refund date. This is usually about three weeks into a 12 week course."
The money just keeps flowing! Of course, Shyster and Liar H. Christian L'Orange won't provide the Federal Courts with the information that, once again, proves that Offerman sent this letter, so we’ll provide it on our site. CLICK HERE to view a copy of the actual e-mail that Offerman sent to Matkin.

3. In yet another letter to his buddy, Gary Makin, Capella's Oaf and Chief Liar, Michael Offerman signed an agreement with UCI that states,

"Capella will make a one-time payment of $5,000 to UCI for undertaking these marketing efforts. In addition, Capella will pay direct costs for generation of mail lists and $500 per student for any student transferring UCI Extension courses from the identified programs toward Capella degrees as long as the student actually matriculates and remains enrolled through the 100% drop period for their first course at Capella."
Isn't it great to know that students who are allegedly attending a non-profit state school, like UC Irvine, get used a pawns to help for-profit scams, like Capella University? So, just who benefits from all this?! Certainly not unsuspecting students! Perhaps that's why Gary Matkin wrote a note on this letter to his buddy, Oaf-Offerman, which states,
"Mike:

This is in accordance with my understanding of our conversation. We will begin implementation immediately.

Gary"
How cute! What a lovely couple...of unethical clowns!

Again, as Knight Commander and unethical lying shyster Hypocrite Hank L'Orange won't turn over the documentation that we post on our sites that proves he is a liar (one of his mantras is that the FACTS posted on our sites "lack foundation"), visitors should CLICK HERE to view the original e-mail from Michael Oaf-Offerman. Oops, almost forgot, it’s also interesting to note that another one of Capella's vicious liars, Karen Viechnicki (Capella's vile provost), was carbon copied the agreement just mentioned.

4 . It's bad enough that Capella and UCI are engaged in such unethical activities as their participation in a kickback scheme but, as it must have been rather successful, Capella and UCI agreed to INCREASE the amount kickbacked to UCI. According to another signed agreement between UCI's Gary Matkin and Capella's lying oaf and president, Michael Offerman, they agreed to continue the $500 per student that Capella kickbacks to UCI, while Capella’s payments for UCI's "marketing fees" has now increased to $7,500! The most revealing statement in this agreement states,
"Payment: Capella will make a one-time payment of $7,500 to UCI for undertaking these marketing efforts. In addition, Capella will pay $500 per student for any student transferring UCI Extension courses from the identified programs toward Capella degrees as long as the student actually matriculates and remains enrolled through the 100% drop period for their first course at Capella."
As always, we're sure Hypocrite Hank L'Orange will be so bent on intentionally hiding the FACTS (not to mention his ongoing lies), we urge all visitors to CLICK HERE to view a copy of the actual agreement signed by Gary Matkin and Michael Oaf-Offerman.

Stay tuned for more stories regarding the unethical practices of Capella University and their sleazy shysters!

Friday, September 14, 2007

Fact Forty-four (September 13, 2007) – Capella University and H. Christian L’Orange – Match Made in Hell

We've got to admit, the over-the-top blatantly unethical and outrageously dishonest behavior of Capella's chief "defense" shyster, H. Christian L'Orange, from the "law firm" of Drinker Biddle & Reath, over the past few months has surprised even us. We had nearly become used to the regular outright lies and flagrant disregard for anything that even remotely resembled ethical behavior from the three other members of Capella's shyster squad – liar Greg Thom, Ms. Gurning Champion Priscilla McNulty (Capella's own scum bag shyster who literally makes faces at people during depositions), and last but not least, Horse's Ass Capella Stella Fey Epling (like McNulty, Capella Stella also tries to be an alpha male by engaging in unprofessional stare downs during those same depositions). Heck, all four of these thugs have now intentionally lied to a Federal Court (often under penalty of perjury) multiple times and many specific examples of their intentional deceit have now been brought to the attention of the same court. Those matters; however, will be the subject of future posts: today, we want to focus on the pathetically whiny and shrill tenor of Hypocrite Hank’s latest girly-man temper tantrums.

Knight Commander Chevalier Liar L'Orange has had his panties in a bunch ever since we announced that we would be posting true FACTS about the ongoing and intentional deceit of Capella University and the members of their shyster squad (L'Orange, Epling, Thom, and McNutty) in honor of the FACT (i.e., the TRUTH) that all of them have actively engaged in violating Federal Law. Yes, you read that correctly – Capella and their shysters have literally refused to abide by the Family Education Rights and Privacy Act (FERPA) for an extremely long time. As even a legal mental misfit and certainly-not-a-scholar L'Orange should know that FERPA (oops, we forgot, L'Orange is so IGNORANT of that Federal law that he refers to it as "FERPRA" [and that's a FACT]) states that students have a RIGHT to access to ALL of their education records within 45 days after their initial request (that request may be made in any number of ways). In this case, a formal request was made, in writing, to the morons at Capella University by the student who is now suing them. That request was made on July 10, 2004. That's correct, a formal written demand was made of (and subsequently acknowledged by) Capella University for that student's complete education records more than THREE YEARS AGO.

So, what does that have to do with shyster Hank L'Orange? Plenty! The problem is that L'Orange and ALL of the other shysters already mentioned have intentionally and willfully acted in collusion with Capella University to intentionally VIOLATE FERPA by denying access to those records. Not only that, but shyster Greg Thom was identified, very early on, as being the PRIMARY individual responsible for withholding those records. As a result, Greg Thom is at the core (i.e., center, focus of, primary target, etc.) of numerous complaints that have been filed with a Federal law enforcement agency – the United States Department of Education, Family Policy Compliance Office (FPCO). Naturally, the complaint was filed against Capella University (as individuals cannot personally be held liable under FERPA) but there is ABSOLUTELY NO QUESTION that Greg Thom is the one who is at the core of ongoing investigations by the FPCO. Not only that but, as has been his habit, Greg Thom LIED, that's right LIED – as in intentionally failed to tell the truth – to that agency. Documentation of that FACT has now been given to a Federal Court as just one example of the intentional dishonesty of Capella's shysters.

So, what does an event that occurred three years ago have to do with shyster Hank L'Orange? Plenty! L'Orange, along with the rest of Capella's sleaze team continue to INTENTIONALLY WITHHOLD the education records that were demanded. In other words, L'Orange, Epling, Thom, and McNulty are all actively engaged in violating Federal laws – and that's a FACT.

Hypocrite Hank is such a mental midget that he has INTENTIONALLY ignored why we decided to start our FACT of the Day series (and we've got enough true FACTS to keep this series going for a very, very long time). In other words, he has completely ignored what FERPA (or was that F-E-R-P-R-A?) says; for example FERPA regulations found under:
"34 CFR 99.10

Specifically, 34 CFR 99.10 (a)(2)(ii)(b) very plainly states:

"The educational agency or institution, or SEA or its component, shall comply with a request for access to records within a reasonable period of time, but not more than 45 days after it has received the request."
Again, as L'Orange is so unethical and never provides copies of the documentation we link to that prove the FACTS we mention are TRUE, we're providing a link to that actual law. CLICK HERE to see the complete set of FERPA Regulations as they appear on the USDE's web site.)

We know that L'Orange certainly appears to be incapable of performing even the simplest of math problems. One of our favorite examples is the LIE Sir Chrisy the Sissy L'Orange has told, numerous times, to a Federal Court – that the one were he states that our web sites contained 25,213 pages of material that were copied from them as of Wednesday, November 30, 2005 at 6 PM. Not only is that absurd but L'Orange really must be delusional if he really believes that. Naturally, L'Orange has consistently REFUSED to produce all of those 25,213 pages (because they have never existed). Furthermore, as our Knight in rusted armor is incapable of calculating exactly when Capella was required to provide access to ALL the documents demanded under FERPA, we'll help him out. Please bear with us for a moment (we going to try and dumb this down to L'Orange’s level); here's the problem:
July 10, 2004 + forty-five days = the answer
Hopefully, L'Orange will be able to read that simple equation; if not, maybe he can get some help from someone who is able to read. Now, as L'Orange is clearly operating within what the brilliant theorist Jean Piaget refers to as the "Sensorimotor stage" of cognitive development (infancy), we can't solve the problem without a bit of movement (sorry Chrisy, but you don't have enough fingers and toes to count on and you wouldn't know what to do with them, even if you did). Sadly, that's not possible using most computers connected to the Internet so will post a "calendar" which a mature adult can use while holding L'Orange's hands and play patty cake with him as they count together.

Hint – based upon his inability to count, we're quite confident that L'Orange isn't yet capable of understand the concept of "zero" (he’s probably just working on learning "colors" this week) – so were going to start on the first day after July 10, 2004 [Another hint – that day would be July 11, 2004]; here we go:
1 - July 11, 2004
2 - July 12, 2004
3 - July 13, 2004
4 - July 14, 2004
5 - July 15, 2004
6 - July 16, 2004
7 - July 17, 2004
8 - July 18, 2004
9 - July 19, 2004
10 - July 20, 2004
11 - July 21, 2004
12 - July 22, 2004
13 - July 23, 2004
14 - July 24, 2004
15 - July 25, 2004
16 - July 26, 2004
17 - July 27, 2004
18 - July 28, 2004
19 - July 29, 2004
20 - July 30, 2004
21 - July 31, 2004
22 - August 1, 2004
23 - August 2, 2004
24 - August 3, 2004
25 - August 4, 2004
26 - August 5, 2004
27 - August 6, 2004
28 - August 7, 2004
29 - August 8, 2004
30 - August 9, 2004
31 - August 10, 2004
32 - August 11, 2004
33 - August 12, 2004
34 - August 13, 2004
35 - August 14, 2004
36 - August 15, 2004
37 - August 16, 2004
38 - August 17, 2004
39 - August 18, 2004
40 - August 19, 2004
41 - August 20, 2004
42 - August 21, 2004
43 - August 22, 2004
44 - August 23, 2004
45 - August 24, 2004
Wasn't patty cake fun? We hope so! Hmm…it looks like our answer is August 24, 2004. Let’s now state the entire problem with the correct figures:
July 10, 2004 + forty-five days = August 24, 2004
If you got that right, give yourself a big Happy Face! Heck, it was a word problem too – those are especially tough so give yourself an extra gold star if you managed to come up with the correct answer! (Okay, so L'Orange didn't get it – maybe he needs a time-out.)

Gosh, wasn't that special?! If Capella University had until August 24, 2004 to turn over all records as required by Federal Law and yet, more than THREE YEARS LATER, they continue to refuse to turn them over then L'Orange, obviously, is a complete dolt. While we don't have the patience to help Hypocrite Hank in calculating how many days Capella has intentionally violated Federal Law, we'll provide the answer for him. To date, 1,160 days have transpired since the initial FERPA request was made. Sure, that's a big number but even a moron like L'Orange should be able to at least get a sense that there is a difference.

Let's move on now to the most hilarious part of L'Orange’s temper tantrum. As to be expected of hypocrites, he has just thrown another whine at the court. In fact, he had the unmitigated gall to demand sanctions against the plaintiff for refusing to turn over confidential documents provided to a Federal law enforcement agency because Capella, along with all of their shysters – L'Orange, Epling, Thom, and McNutty are acting in collusion and violating the law! That's right Sir Chrisy the Sissy is such an unethical JERK that he refuses to abide by the law and yet wants sanctions against the person who filed the complaint!

CLICK HERE to view Hypocrite Hank's childish whine to a Federal court.

Before we close, we want to mention a few other FACTS:
1. Capella and their shysters have NEVER produced all documents required under FERPA.

2. Capella and their shysters have INTENTIONALLY withheld enormous amounts of materials demanded under “requests for production” as part of the lawsuit against them.

3. Horse's Ass Capella Stella Fey Epling tried to write a letter on behalf of the law enforcement agency that is investing Capella’s ongoing refusal to abide by FERPA exonerating Greg Thom, more than a year ago – if that’s not grossly unethical, we don’t know what is. CLICK HERE to view that TRUE story.
We're certain that Hank L'Orange, Capella Stella Fey Epling, shyster Greg Thom, and Ms. Gurning Champion Priscilla McNulty will all be pleased to learn that they have now ALL now been reported to a Federal law enforcement agency for their complicity in violating the will of the people. Frankly, ambulance chasers don't get much worse than that.

Thursday, September 13, 2007

Fact Forty-three (September 12, 2007) – Capella University’s Shysters Have Been Reported to Law Enforcement Agencies!

After Hypocrite and Liar H. Christian L’Orange whined again because he’s not getting his way – in light of the FACT that Capella University continues to violate Federal Law – with his full blessing, no less, we’re certain L'Orange will be pleased to know that he, along with his sleazy shyster squad, have now been reported to a Federal Law Enforcement Agency for their complicity in Capella’s intentional refusal to abide by the laws of the land. These shysters are:

1. H. Christian L’Orange (Hypocrite Hank the Blatant Liar L’Orange)

2. Horse’s Ass Capella Stella Fey Epling

3. Priscilla McNulty (the one who literally makes faces at people during depositions)

4. Greg Thom (gosh, what a surprise – it is a FACT that Greg Thom has been at the CENTER of other investigations of Capella University by a Federal Law Enforcement Agency for the past THREE YEARS)

We’re sure that all of these unethical lying shysters will be crying for their mommies as soon as they read this. While we don’t want to spoil all of their fun, we do want to mention the FACT that all four of these corrupt and unscrupulous scumbags’ antics have already been brought to the attention of a Federal Court. In fact, very specific evidence that PROVES these shysters have all lied (and most under the penalty of perjury) have also been presented to the court. We’ll be providing details in the very near future.

Oh yeah, a demand for sanctions against these unprincipled ambulance chasers, along with their paycheck supplier, Capella University, is being prepared at this very moment. We certainly hope that L’Orange enjoys that – after all, in light of all the blatant lies and unethical behavior he has consistently exhibited, he should appreciate them.

Have a nice day!

Tuesday, September 11, 2007

Fact Forty-two (September 11, 2007) – Capella University’s Shyster, H. Christian L’Orange Lies Again.

So, what else is new? Capella's shyster, H. Christian L'Orange (Sir Chrisy the Sissy) has joined he cohort, Horse's Ass Capella Stella Fey Epling, from the "law firm" of Drinker Biddle & Reath in lying to a Federal Court under penalty of perjury. Of course, that's nothing new for Capella’s own in-house shysters, Greg Thom and Priscilla McNulty (Horse's Ass McNulty) either. Heck, it appears as if there’s an epidemic of lying shysters associated with Capella University! Let's take a look at some more of the LIES (which are VERIFIABLE using OBJECTIVE MEASURES) that Knight Commander Chevalier Hank the Liar L'Orange has just regurgitated at the court. Again, it is a FACT, i.e. the TRUTH that L'Orange has lied (under penalty of perjury). For example, L'Orange recently told a Federal Court that,
"Prior to and continuing since his suspension from Capella in July, 2004, [the student who is suing the bigots at Capella University] purchased . . .domain names" regarding our sites.
That, of course is a BLATANT LIE and Hypocrite Liar L'Orange KNOWS that it is. It is a FACT that no domains were purchased until AFTER Capella launched their retaliation against that student. That's right, not a single domain, not one, was purchased until AFTER Capella illegally locked the student of his courses. One of those courses, BTW, was Diane Stottlemyer's – the one that we've long reported as being Capella's chief charlatan who literally bought and used FAKE DEGREES from a known diploma mill. The FACT that Stottlemyer bought and used fake degrees is fully verifiable using objective measures. As with so many of the blatant lies told by Capella's shyster squad, L'Orange, displays his ability to tell TWO lies in a single sentence! As the unethical sleaze bag Hypocrite Hank L'Orange KNOWS, Capella never "suspended" the student – they threw him of their "school" WITHOUT ANY due process. L'Orange also knows that, more than three years later, the jerks and liars at Capella University have NEVER informed that plaintiff that he had really been "disenrolled" (Capella-speak for expelled).

Then, in another document that Mr. Defective Codpiece, Hypocrite Hank Quixote the Liar L'Orange just spewed at a Federal Court in which he tries to circumvent the First Amendment Rights of his intended victim by shutting our sites down. Heck, his "arguments" have been so repetitive, that we're beginning to wonder if L'Orange suffers from a chronic case of Obsessive Compulsive Disorder too! (It's just too bad that the American Psychological Association [APA] has consistently refused to grant accreditation for Capella’s programs – that means that L'Orange will have to find another school in order to give him the "mental evaluation" he apparently needs.) Perhaps that's also why he has submitted some documents to the court as many as EIGHT TIMES.

Let's take a look at one of H. Christian L'Orange the Liar's favorite mantras – the one in which he whines that our sites have caused Capella University "great and irreparable injury" and "severe hardship." Those claims are so absurd that we can't help but wonder if Liar L'Orange had his reasoning altered by aliens from Mars! Specifically, L'Orange just told a Federal Court that,
"The great and irreparable injury that would be sustained by Capella if this Court denies Capella's motion for preliminary injunction dwarfs any conceivable injury to [the Plaintiff who is suing Capella] by the granting of such relief. To be sure, the preliminary injunction sought is narrow and [the Plaintiff who is suing Capella] will not be harmed by an injunction requiring him to refrain from further unlawful conduct. Capella, its staff, and its attorneys, on the other hand, will suffer severe hardship if the preliminary injunction is not issued as their reputation and credibility will continue to suffer. Additionally, Capella's goodwill in the community and with current and prospective students will continue to be irreparably damaged. Consequently, the balance of hardships strongly weighs in favor of Capella."
Earth to L'Orange, Earth to L'Orange. . .this is mission control. Are there any lifeguards left in your gene pool? (Obviously not!)

Let's look at some of the REAL FACTS (not those that L'Orange and his shyster squad are continually fabricating in the drivel that they retch at the court). As we’ve just noted, L'Orange claims,
"Capella, its staff, and its attorneys, on the other hand, will suffer severe hardship if the preliminary injunction is not issued as their reputation and credibility will continue to suffer."
This whine just happens to highlight a couple of L'Orange's greatest delusions:

1. The problem Capella's shysters have with a few, very simple items – things like honesty, integrity, ethics, etc., etc. No one ever asked L'Orange and his fellow alien-abductees to continually LIE (under penalty of perjury, no less). REAL attorneys are, allegedly, supposed to tell the truth, not fabricate their own "facts."

2. It appears as if L'Orange doesn't care how absurd and intentionally dishonest the documents he files with the courts are: He seems to think that his messiah complex is supposed to provide him with immunity from being exposed for his deceitful lies, fabrication of bogus facts, and deliberate acts of unethical behavior.

3. Capella has, most certainly NOT been harmed. Heck, if anything, our sites have given them free publicity to bilk untold millions of dollars from many other present and future "learners" (Capella-speak for student). It is a VERIFIABLE FACT, using FULLY OBJECTIVE measures that since our sites have gone up, Capella's enrollment has not only SOARED, but so have their profits. Not only that, but since Capella University’s IPO, less than a year ago, the price of their stock has also more that DOUBLED. Not surprisingly, Hypocrite Hank the Liar L'Orange has consistently refused to turn over the documents that we provide on (or link from) our site to support such FACTS. Because H. Christian L'Orange appears incapable of even mentioning those documents, we would like to point out one article that just appeared (September 9, 2007) in the Star Tribune of Minneapolis-St. Paul, entitled, "Capella makes the grade, and its shares soar: The university, one of the few Internet colleges that teach exclusively online, has seen its stock price more than double since its initial public offering in November." (Go ahead, click on the link – we’re certain that Hypocrite Hank won’t provide it to the court.)

Finally, we want to take a look at another one of Knight Commander Chevalier Quixote L'Orange's piles of petulance:
"If immediate action is not taken to bar [the student who is suing Capella] from continuing to publish false and defamatory statements about Capella, its staff, and its attorneys, their reputations, credibility and goodwill will be irreparably harmed. To be sure, [the student who is suing Capella] venomous attacks, without foundation, continually accuse Capella corporate officers of engaging in insider trading and kickback schemes, and its defense counsel of obstruction of justice and committing numerous acts of fraud. Such statements constitute defamation per se, and those subject to these attacks face loss of professional reputation and diminished standing in their respective communities - unquestionably irreparable injury, and injuries which cannot be redressed by damages."
Granted, Hypocrite Hank can use a thesaurus but that's about the extent of his abilities. You see, there's just one teensy-weensy problem with the above statement – defamation per se (ooh, a Latin word!) – can only take place if something isn’t true. L'Orange is, apparently, such a moronic oaf that he simply refuses to acknowledge reality. The TRUTH (again, which is easily established using highly objective and fully verifiable evidence is that:

1. Capella corporate officers HAVE engaged in insider trading and kickback schemes
a. Capella University Shyster, H. Christian L’Orange Lies Again, and Media Continues Report on Kickbacks
b. The Motley Fool recently published an article, which they entitled, "Don't Get Swindled by Scholarship Scams" about the KICKBACKS (their term, NOT ours) that Capella's Financial Aid Director, Timothy Lehmann, was accepting.
c. The Minneapolis-St Paul Business Journal recently published an article they entitled (not us), "Capella insiders cash in options" which lists that FACT that Capella's President Michael Oaf Offerman made more than one MILLION dollars in a few short hours by exercising his INSIDER stock options.
d. It is also a FACT that Capella University has paid KICKBACKS to the University of California, Irvine for each student who transfers into Capella programs. Click here to see just ONE example of many agreements personally signed by Capella’s lying President, Michael Offerman.
2. Capella’s "counsel" (rather hypocritical for L'Orange to claim that he and Epling are "defense counsel" when significant portions of their vile actions have been spent ATTACKING the plaintiff with their frivolous countersuit) have engaged in the obstruction of justice by intentionally withholding mountains of documents demanded under both Federal law and as part of the discovery process. This FACT has also been noted in another lawsuit – one in which Capella University has maliciously filed another frivolous lawsuit against their insurance company for their refusal to pay for Capella vicious ATTACKS on the student who is suing them. CLICK HERE to read our report on that matter – along with accompanying documentation (that we're sure L'Orange will ignore).

3. It is a FACT that Capella has actively engaged in CENSORSHIP. CLICK HERE to read our report on that matter – along with accompanying documentation (that we’re sure L’Orange will ignore).

4. Instead of turning over evidence, they have instead spewed THOUSANDS of pages of extraordinary disorganized nonsense, the vast majority of which is NOT accessible to those with recognized disabilities. REFER to the link provided in the proceeding item.

5. L'Orange and his shyster squad have FRAUDULENTLY stated that we have intentionally posted "false and defamatory" materials on our sites when, in FACT, we have consistently provided documentation that provides prime facie (ooh, another Latin word!) evidence that shows what LIARS L’Orange and his thugs are.

The only thing that "lacks foundation" are the vast amounts of repetitive explosive diarrhea that L'Orange and Capella continuously blast at the court. It's time for L'Orange and his cohorts to start telling the truth.

Friday, September 07, 2007

Fact Forty-one (September 7, 2007) – Capella University & Their Shysters Continue Obstructing Justice

As to be expected, Capella University and their ever-expanding cesspool of shysters and "attorneys" just can't seem to get their act together. Heck, Capella and their ambulance chasers (consisting of their in-house shyster twins – Greg Thom and Priscilla McNulty along with their sleaze shyster team from the "law firm" of Drinker Biddle & Reath – H. Christian L'Orange and Capella Stella Fey Epling) have all personally lied so many times, and often in signed declarations under the penalty of perjury, that it's becoming increasingly difficult to keep track of all of them. What's so disgusting; however, is that it now appears that Capella University, along with yet another one of their "law firms," Foley & Mansfield (including their "attorneys," Gerald H Bren and Thomas M Stieber) are now also being accused of refusing to turn over (even more) documents demanded under the discovery process regarding Capella's entirely frivolous lawsuit against their insurance company, Executive Risk Specialty Insurance Company (ERSIC). ERSIC has rightfully refused to pay for Capella's bigotry and retaliation against a former student (who is also, rightfully, suing Capella).

Capella first launched their vile actions against ERSIC when they (their insurance company) refused to pay for Capella's so-called "defense" against the student. ERSIC has rightfully, from the very beginning, noted that Capella University intentionally lied and tried to deceive ERSIC by refusing to note all of the investigations by law enforcement agencies pending against Capella with the United States Department of Education that were filed PRIOR to the time that the school bought their policy. It is also a FACT that more than one of those investigations against Capella are still open at this very moment!

Capella University, of course, has not only lied to ERSIC (and we can PROVE that they did), but they've also been demanding that ALL of their frivolous legal fees be paid. As far as we’re concerned, Capella University and their thugs have intentionally committed fraud in their vile efforts to extort money from ERSIC. Now that ERSIC is fighting back (and we’re looking forward to the day when they prevail against Capella), they have discovered that Capella not only wants to extort money from them but is now INTENTIONALLY WITHOLDING information that is absolutely critical to support Capella’s bogus claims in the first place. It is a FACT that ERSIC demanded that Capella University (and this is a direct quote) to:
"Please describe in detail the factual bases of your claim for damages against Gallagher Risk and include an itemized statement of the claimed damages."
as well as to provide,

"Copies of all documents relating to the claim for damages in this case against Gallagher Risk, including but not limited to attorney billings."
NOTE – As Capella Shysters, Hank the Hypocrite Christian L'Orange and Horse’s Ass Capella Stella Fey Epling have continuously and intentionally WITHELD information in their spittle, we urge all readers to CLICK HERE to view one of the documents that ERSIC has just filed with the Federal Court.

Okay, so Capella is trying to extort money from ERSIC into paying for their shysters expenses, including the enormous bills their grossly unethical lying shysters from Drinker Biddle & Reath, Sir Chrisy the Sissy L'Orange and Capella Fey Epling – both of whom have also personally lied, under penalty of perjury to another Federal Court – must be running up. The fact of the matter; however, is that Capella University has REFUSED to turn over the bills which scum bags L'Orange and Epling must be generating (maybe they're trying to buy L'Orange a new suit of armor or a new stable for Horse’s Ass Epling).

Wait a minute – it gets even more disgusting! As we have long noted, Capella and all of their unethical, lying, unscrupulous, dishonest shysters (L'Orange, Epling, Thom, and McNulty) have not been “defending” Capella but have, instead, launched a multiyear tirade of deceit and unfounded vicious attacks against the student (who is suing them) by intentionally filing a pernicious countersuit against that student. As with all thugs, hypocrites, bullies, etc., Capella and their shysters have INTENTIONALLY REFUSED to turn over detailed accountings of their "legal expenses" regarding their malicious attack against the student. Being the money mongers they are, Capella also wants to EXTORT additional money from ERSIC to pay for their malicious attacks on the student. BTW, the VAST MAJORITY of time and energy spent by Capella and their shyster squad (L'Orange, Epling, Thom, and McNulty) have been on their unfounded ATTACKS on that student. Naturally, ERSIC has also rightfully told that court that, even if Capella was not attempting to defraud them for their "defense" expenses, they still would not be obligated to pay for Capella’s attacks.

ERSIC also noted Capella's and their shysters' intentional attempts to obstruct justice by REFUSING to respond to legitimate demands for discovery. While we have long reported that Chevalier Knight Commander and Hypocrite Liar L'Orange and Horse’s Ass Capella Stella vile habit of vomiting thousands upon thousands of meaningless documents (thousands of which have also been HIGHLY CENSORED) at the court, as well as intentionally lying about the actual quantity of other documents. For example they have REFUSED to turn over the "25,213 pages of material" that Hank Christian L'Orange has consistently and intentionally lied to the Federal Court that he states were copied from our sites as of Wednesday, November 30, 2005 at 6 PM.

Interestingly, ERSIC has found that Capella has refused to comply with (and, again, this is an EXACT quote – CLICK HERE to view that document),
"other discovery requests [that] ask for specific information, and Capella's responses, rather than identifying specific documents, merely generically reference 5470 documents produced. (Dec. Sande ¶4, Ex. C). For example, Request for Production 11 asks for "All documents that you maintain support the allegation … that [Gallagher] acted as ERSIC’s agents in connection with the sale of the Policy to Capella." Id. Capella responded, like it did to all sixteen requests: "See objections and answer to request no. 1 above", which references all 5740 documents produced. Id.
"ERSIC sought to obtain the additional information and appropriate responses without the need for court intervention. On July 27, 2007, counsel for ERSIC sent correspondence to Capella requesting appropriate discovery answers, including the disclosure of documents relevant to ERSIC's claim for defense costs in the underlying La Marca litigation. (Dec. Sande, ¶8, Ex. F). Moreover, counsel for ERSIC has had telephone and e-mail communications with Capella's counsel since that correspondence to determine whether Capella would provide the requested information. (Dec. Sande, ¶8). To date Capella has not, and given the repeated inquiries on this subject and the significant time that has expired since the discovery requests were issued, it is unlikely that further discussions and delay would be beneficial. (Dec. Sande, ¶9)."
In other words, just like shysters Sir Chrisy the Sissy Hank the Hypocrite L'Orange the Liar (whew – he’s been so consistently dishonest and unethical that there are simply not enough enough adjectives to appropriately describe him) and Horse's Ass Capella Stella Fey Epling, Capella's own in-house sleaze squad of shyster Greg Thom and shyster Priscilla McNulty, along with their "other attorneys" from Foley & Mansfield, Gerald H Bren and Thomas M Stieber, have continued Capella's intentional deceit by ignoring highly appropriate demands for production. Of course, the fecal material they do eventually turn over, requires thousands of extra rolls of two-ply toilet paper to wipe away all the crap in order to find anything of substance - naturally, there isn't anything because it had already been subjected to Capella's bile. We can't wait to find out how Capella's going to try and vent their spleen next!

Wednesday, September 05, 2007

Fact Forty (September 6, 2007) – More on the Capella University - University of California, Irvine (UCI) Kickback Scam

We've already reported on the FACT that Capella University is paying the University of California, Irvine Extension
"$400 per registered student per course or 33.33% of course tuition, whichever is greater"
for each student that transfers and enrolls in Capella's courses (in other words, paying kickbacks to UCI). Some specific examples of the signed agreements between these two "schools” may be found by,

* CLICKING HERE to see one example of an actual Capella University UCI kickback agreement

* CLICKING HERE to see another example of an actual Capella University UCI kickback agreement

Capella University is also paying UCI exorbitant fees to "develop" courses for them. In fact, one such agreement states that,
"Capella will pay the following to UC Irvine for services performed: $40,000.00 for the development of the 6 courses"
That's an incredible $6,666.66 (gosh, isn't THAT an interesting number – two sets of "666") per course – somehow, it strikes us as being highly appropriate! Does UCI pay their instructors that much just to design one of their courses? We doubt it. Heck, we also doubt that UCI pays their instructors that much to teach a course, let alone design it.

As Capella's shysters – especially Hank the Hypocrite Chrisy the Sissy L'Orange and Capella Stella Fey Epling have consistently refused to provide any of the documentation we list on our site when spewing their spittle at the court, we want to make sure that our readers are able to,

* CLICK HERE to view one of Capella’s Agreements that document the above FACTS!

Enjoy!

Tuesday, September 04, 2007

Fact Thirty-nine (September 5, 2007) – Capella University & Their Shysters Continue to Lie to Federal Courts and Obstruct Justice

So, what else is new? Amazingly, Capella University and their unethical shysters have not only continued to obstruct justice by intentionally REFUSING to turn over documents as part of one of the lawsuits currently pending against them but they are also REFUSING to turn over documents demanded from them as part of their frivolous lawsuit against their Insurance Company, Executive Risk Specialty Insurance Company (ERSIC) because ERSIC has rightfully refused to pay for Capella's blatant discrimination, retaliation and bigotry. The situation regarding the Capella University, Inc. v. Executive Risk Specialty Insurance Company case that is currently before the United States District Court, U.S. District Court Minnesota, has gotten so out of control that ERSIC has just filed a Motion to Compel against Capella University for their intentional refusal to turn over documents.

As Capella's unethical shysters have continuously and intentionally refused to provide the Federal Courts with the documents that prove how unethical they are, we urge all readers to,

Click HERE to view the complete copy of ERSIC's Motion to Compel


Now, with that matter out of the way, readers will note that ERSIC has just told the Federal Court that,
"Defendant Executive Risk Specialty Insurance Company ("ERSIC") moves the Court to compel Plaintiff Capella University, Inc. ("Capella") to produce information in response to various discovery requests. Both ERSIC, and co-defendants Arthur J. Gallagher & Co., and Arthur J. Gallagher Risk Management Services, Inc., (collectively "Gallagher") issued discovery seeking, among other things, information concerning Capella's alleged damages – costs and attorney fees purportedly incurred by Capella to defend a lawsuit brought by [the former student who is also suing Capella]. To date Capella has not provided the information. Instead its responses generically reference thousands of produced documents that do not provide the requested damages information, and in other responses Capella asserts a claim of privilege to withhold damage information from the defendants. Capella has not presented any evidence that the responsive documents actually contain communications qualifying for privilege protection, but more importantly Capella has waived any claim of privilege or work product by directly placing its attorney's fees and costs in the La Marca lawsuit at issue in this litigation. Finally, Capella's responses to other interrogatories and requests for production for information (not related to damages) generically references thousands of documents rather than specifically identifying the requested information. This court should grant ERSIC’s motion to compel."
ERSIC then moves on to state,
"ERSIC's other discovery requests ask for specific information, and Capella's responses, rather than identifying specific documents, merely generically reference 5470 documents produced."
Hmm . . .that sounds amazingly similar to the nonsense and ongoing unethical behavior of one of Capella's other "law firms" – the shysters from Drinker Biddle & Reath, Sir Chrisy the Sissy L'Orange and Capella Stella Fey Epling. Heck if Capella can vomit 5470 pages of meaningless nonsense at ERSIC, the least L'Orange and Epling can do is to provide the 25,213 pages of material that they claim was copied from our sites as of Wednesday, November 30, 2005 at 6 PM. Of course they can't because 25,213 pages did NOT exist! And that's a FACT!

It just keeps getting better! ERSIC then notes that Capella and their shysters have REFUSED to turn over bills and invoices from their shysters at Drinker Biddle – even though Capella is trying to force their insurance company to pay for their vicious ongoing retaliation against the student; again, ERSIC states,

"Indeed, access to documents such as the invoices and billing information is the only way to determine the reasonableness of each purported charge. More importantly, whether various costs were actually incurred to defend Capella in the underlying litigation – as opposed to fees incurred to prosecute Capella's affirmative counterclaims – is a significant issue in this case."
What's wrong? Capella filed a malicious and frivolous lawsuit against their own insurance company for not paying for their retaliatory actions and yet won't even provide copies of their bills? Once again, Capella and their shysters are displaying more acts of gross hypocrisy! Once again, ERSIC points out this FACT to the Federal Court by stating,
"Capella cannot pursue a claim for attorney fees and costs incurred in the underlying litigation while simultaneously prohibiting the parties access to the very invoices and bills for which Capella seeks reimbursement."
ERSIC further slams Capella for their ongoing, grossly unethical refusal to comply with legitimate demands. In fact, ERSIC points out some of the EXACT SAME sleazy and unethical tactics that shysters H. Christian L'Orange and Capella Stella have engaged in all along – spewing forth thousands of pages of irrelevant drivel. These materials are so jumbled and disorganized that even the most brain-dead clown would recognize these as veritable rats' nests. Heck, we've previously reported that L'Orange and Epling have submitted that SAME documents as many as EIGHT times – and in different formats – just to confuse the court. ERSIC's Motion to Compel against Capella University also states,
"CAPELLA CANNOT BE ALLOWED TO EFFECTIVELY ESCAPE RESPONDING TO DISCOVERY REQUESTS BY MERELY REFERENCING THOUSANDS OF DOCUMENTS.

ERSIC issued seventeen specific requests for production of documents. Rather than identifying documents specifically responsive to each request, Capella repeatedly made blanket references to the entire 5,470 documents it produced. (Dec. Sande ¶4, Ex. C). Capella responded to sixteen of the requests as follows: “See objections and answer to request no. 1 above.” In turn, its response to Request No. 1. referenced all 5,740 documents it produced. Id. Similarly, Capella's responses to certain interrogatories reference thousands of documents rather than providing the specific information sought. For example, Interrogatories Nos. 9 and 10 sought information relating to Capella's claim that Gallagher "acted as ERSIC's agent in connection with the sale of the Policy to Capella." (Dec. Sande ¶3, Ex. B). Capella responded by generically referencing nearly 2,300 documents. Not only do most of these 2,300 documents appear to be non-responsive to the interrogatories, but ERSIC cannot understand what Capella truly is relying upon for the basis of its agency allegation given this response. Capella cannot use such tactics. See Fed. R. Civ. P. 33(d) (production of business records in response to discovery requests must be specified in "sufficient detail to permit the interrogating party to locate and identify . . . the records from which the answer may be ascertained”). Capella should be required to specifically identify what documents are responsive to the specific requests without giving a blanket response to all 5740 documents that it produced."
Such blatant obstruction of justice is EXACTLY the same thing that shysters L'Orange and Epling have continuously engaged in.

Of course, we wouldn't want to leave out some other FACTS about one Capella's own in-house shysters. Once again, shyster Priscilla McNulty has once again intentionally LIED under penalty of perjury in one of her nonsensical responses to one of the Interrogatories she vomited at the Federal Court in the ERSIC matter.

CLICK HERE to view the actual document that shyster McNulty signed (and intentionally lied) under penalty of perjury.

As just noted, in answering the question,
"INTERROGATORY NO. 2: Please identify all persons employed by or associated with Plaintiff or Capella Education Company, including outside counsel, who were involved in responding to the complaints filed by [the student who is suing Capella University] with the U.S. DOE in 2004 and 2005."
Priscilla McNulty provided the following names:
"Kurt Lindberg
Greg Thom
Dr. Michael Offerman
Karen Viechnicki
Jack Krichen
Brian Imholte
Juanita Ikuta
Ann Christensen
John Emetick
Niles Bisping
Kris Jansen
Lisa Bromenshenkel"
Before we continue, we want to point out that unethical lying shyster Priscilla McNulty stated,
"I declare under penalty of perjury that the foregoing answers to Arthur I. Gallagher Risk Management Services, Inc.'s First Set of Interrogatories are true to the best of my knowledge and that the undersigned is a representative of Capella University, Inc. and is [sic] signing these answers on behalf of Capella University, Inc.

Priscilla McNulty
Senior Counsel"
Not surprisingly McNulty LIED! Here are some of the thugs from Capella who ALSO communicated with the United States Department of Education in 2004 and 2005 that McNulty INTENTIONALLY ignored:

* Diane Stottlemyer – she is the Capella instructor who is at the core of the lawsuit against Capella University. It is a verifiable fact that Stottlemyer bought and used fake degrees from a known diploma mill. Not only that, but in one of his letters to OCR, Capella's incompetent Dean, Kurt Linberg repeatedly referred to Stottlemyer as "Dr. Stottlemyer" even though he knew that she did NOT hold such a degree. Diane Stottlemyer was personally interviewed by OCR

* Tamara Kuchar – This monster was also interviewed by OCR and was involved in Capella’s Kangaroo Court proceedings against the student. CLICK HERE to view a copy of Kuchar’s OCR interview.

* Jim Wold – Capella’s "Dean" of their School of Education. While the plaintiff had never heard of this jerk before he obtained copies of some of OCR's files under the Freedom of Information Act, especially as Wold was not part of the "school" he was enrolled in, Wold DID communicate with OCR. CLICK HERE to view a copy of Wold’s OCR interview.

* Bruce Weiss - Capella’s "Dean" for their School of Psychology was involved with OCR (again, even though the plaintiff had never heard of this jerk before) and Weiss was interviewed by OCR. CLICK HERE to view a copy of Weiss’ OCR interview.

* Of course, we also wouldn’t want to leave out Capella’s head cheerleader and employee, Shawn Ambrose – it is known that he also communicated with the United States Department of Education during 2005.

It should be very interesting to watch Capella University and their sleazy unethical shysters get slammed for their ongoing deceit and obstruction of justice.

Fact Thirty-eight (September 4, 2007) – Capella University & the University of California, Irvine – Big Bucks Partners

One of Capella University's marketing ploys is to make “alliances” with non-profit state and public schools to serve as feeders for Capella's substandard programs. One of those "alliances" has been between Capella University and the University of California, Irvine (UCI) Extension. We’ve already noted the fishy relationship between Capella's lying President Michael Oaf-Offerman and his buddy from UCI, Gary Matkin. In honor of the grossly unethical behavior of Matkin to refuse to communicate with students who have been scammed by Capella (in fact, Matkin goes crying right back to his partner-in-crime, Offerman), we’ve decided to post some more information about their unholy "alliance."

We're sure that readers will be interested in learning that letter's to Matkin (as well as those addressed to the University of California’s equally unethical President, Robert C. Dynes, who has recently raked over the coals bilking millions from California taxpayer) show up in the abusive vitriol of Capella's shysters from Drinker Biddle & Reath – Sir Hank the Hypocrite Chrisy the Sissy L'Orange and Capella Stella Fey Epling. In fact, there are times when it has appeared that L'Orange and Epling are REPRESENTING UC officials. Besides the fact that one of the lawsuits Capella is currently involved in was NOT filed against the UC system, we think we’ve discovered the reason behind this little item (we’re sure that our readers are going to just LOVE this):

It is a FACT in written and signed agreements between Capella University and the University of California Irvine that (and this is an exact quote),
"UC Irvine and Capella shall cooperate in the event of any a legal action or claim made by a third party that may result from activities relating to the performance of this Delivery Agreement."
That's right, when Capella intentionally discriminates and retaliates against students who have stood up to their incompetent instructors (such as Diane Stottlemyer, who bought and used fake "degrees" from a diploma mill), UCI will COOPERATE with Capella's bigotry and harassment! That’s right, UCI students get shafted by the thug-twins, Michael Offerman and Gary Matkin! No wonder a sleaze bag shyster like Sir Chrisy the Sissy L’Orange acts as if he’s DEFENDING UCI – even though it's his "other" client, Capella University, that's getting sued!

As Chevalier Knight Commander and Liar L'Orange has a nasty habit of NOT providing documents that demonstrate what a liar he, and his clients are, we strongly encourage all readers to

CLICK HERE to view some (of many) agreements between Capella and UCI whereby they agree to "cooperate" in their retaliation against students!

Of course, we're sure that the FACT that the documents just referred to also demonstrates some of the tens of thousands of dollars that Capella is kicking back to UCI for sending students their way; specifically (again, this is an EXACT quote from the signed agreement between Capella and UCI),

"Capella will pay the following to UC Irvine for services performed:

$400 per registered student per course or 33.33% of course tuition, whichever is greater B. UC Irvine will invoice Capella for the registered students at the end of each academic quarter. A registered student is defined as one who has not requested, in writing, to drop the course within two weeks (14 days) of course start. Capella will issue a check quarterly made payable to the Regents of the University of California and mailed to:

Dr. Jia Frydenberg
UCI Distance Learning Center
PO Box 6050
University of California, Irvine
Irvine, CA 92697"
We'll be posting more, very enlightening, information about the Capella/UCI kickback scam in coming days.