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PROCOPIO
525 B Street
Suite 2200
San Diego, CA 92101
T. 619.238.1900
F. 619.235.0398
RAHUL E. REDDY
P.619.238.1900
rahul.reddy@procx)pio.com
AUSTIN
DEL MAR HEIGHTS
PHOENIX
SAN DIEGO
SILICON VALLEY
December 21, 2016
VIA U.S. MAIL AND E-MAIL
Mara Shalhoup
Editor
L.A. Weekly
3861 Sepulveda Blvd.
Culver City, CA 90230
[email protected]
Re:
Demand for Correction pursuant to Civil Code Section 48a
Dear Ms. Shalhoup:
Our firm represents Accord Education (“Accord”) which is a nonprofit, nonreligious,
nonpartisan public charity that supports and advances quality in public schools. We have
represented Accord in the context of their provision of educational services to public schools, and we
were surprised to read the serious and extreme accusations leveled against our client in L.A.
Weekly’s article entitled “Did a California Charter School Group Fund an Effort to Overthrow the
Turkish Government?” This article, published on December 1, 2016, claims Accord is connected to
a “Gulen Organization” and supports this purported organization with taxpayer funds. Accord
maintains these allegations are entirely baseless and false. We were also surprised to learn that in
researching and writing this article about Accord, apparently your staff never reached out to Accord
to provide Accord an opportunity to correct the harmful and spurious claims in the article.
Accord maintains this article contains numerous false statements that LA Weekly knew or
should have known were false and which shed a negative light on Accord. The false statements in
this article harm Accord’s business and embolden xenophobic attacks against Accord staff and their
families. Accord demands LA Weekly issue a correction in as conspicuous a manner as the original
publication.
Accord maintains it is in no way affiliated with Fethullah Gulen, a “Gulen Organization”, nor is
in any way connected to any political events in Turkey or elsewhere. The article seems to wholly and
irresponsibly rely on comments allegedly made by Yunus Avcu to support the notion that Accord is
connected to a “Gtilen Organization.” It is not clear whether the article’s author spoke to Mr. Avcu
first-hand, or whether these outrageous claims are second or third-hand. The article suggests that
Mr. Avcu “soured on his job” and left his position with Lotus School for Excellence on his own.
However, according to Lotus School for Excellence, he is a disgruntled employee who was
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“terminated from his employment as a resuit of well-documented and sustained
underperformance[.]”i Your article fails to mention the true nature of Mr. Avcu’s termination, which
if fairly disclosed, certainly tarnishes the credibility of his allegations in the article.
The article relies on Mr. Avcu’s alleged comments to state that Accord requires its Turkish
employees to remit a portion of their salary back to Accord and that Accord transfers this money to
fund the “worldwide organization of Fethullah Gtilen.” Accord unequivocally maintains these
allegations are entirely false and baseless. Accord affirms that it does not have any affiliation
whatsoever with a “Gulen Organization.” Accord contends that all of its financial records confirm
that Accord has never transferred any funds to Fethullah Gulen or any other individual or entity
affiliated with a purported "Gulen Organization.” Further, Accord maintains that it provides the
educational services required by its contracts and as described in its charitable purposes: no more
and no less.
The article suggests that Mr. Avcu collected money from Turkish employees of charter
schools and “deliver[ed] the cash in person to the Accord Institute headquarters” in meetings with
“executives from the Accord Institute.” If contacted by your researchers. Accord staff would have
been happy to explain that Mr. Avcu has attended Accord’s conferences that feature presentations
from educational innovators and professional development opportunities. Accord maintains it has
never conducted meetings for the purposes suggested in the article.
The article also falsely states that Accord developed a “different payroll system” to track
employee salary contributions meant for the alleged “Gulen Organization.” Accord asserts this
statement is false and meritless, and Accord is troubled by L.A. Weekly’s apparent willingness to
publish these statements without supporting evidence or corroboration. Further, the article
inaccurately implies that Accord funded trips to Turkey for “American dignitaries.” Accord affirms
that it has never conducted, coordinated, or paid for any trips abroad in its entire history.
The article states that there was an “exuberant mood inside the Accord Institute as the
[Erdogan] government neared collapse made [Avcu] suspect for the first time that the organization
had real influence in Turkey.” Accord maintains that the article’s claim that Accord sOmehow has a
“real influence” in Turkish politics is false, harmful, and irresponsible: Accord is a small non-profit
educational service provider that employs ten individuals and supports approximately twenty public
charter schools.
Accord also doubts whether Mr. Avcu made any first-hand statements to American journalists
at LA. Weekly. Your article states that Robert Amsterdam “connected” L.A. Weekly with Mr. Avcu,
but surely LA. Weekly is aware that Mr. Amsterdam is an attorney hired by the Republic of Turkey
who is paid to pursue his clients’ interests. Accord requests that LA. Weekly provide evidence that it
obtained Mr. Avcu’s testimony directly from him. If the author did not speak to Mr. Avcu directly as
suggested in the article, L.A. Weekly must correct its false statements and clearly explain who
provided Mr. Avcu’s statements.
1 Lotus School for Excellence has issued a press release in response to this article, which is attached to this
correspondence.
2
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Further, the article appears to parrot accusations from a February 2016 complaint against
Magnolia Science Academies filed by Robert Amsterdam.2 While the article references the California
State Auditor’s May 2015 report (“2015 State Audit”), the article fails to mention the report’s
conclusions that in fact debunk Mr. Amsterdam’s scurrilous and baseless allegations against Accord,
that it and other charter schools are somehow responsible for transferring “$50 million to $100
million” dollars of taxpayer money to the “Giilen Organization.”3
We understand the CA State Auditor’s Office spent ten months reviewing and auditing
Magnolia’s business relationships and transactions, including a review of Magnolia’s prior
agreement with Accord, and the 2015 State Audit did not find that Accord or Magnolia violated state
or federal law. Indeed, per Magnolia’s Chief Finance Officer in July 31, 2014, only “2.75% of the
parent company’s five year, $110 million revenue stream” went towards payment for Accord
services.'^ Accord attests that it has provided key operational and academic services, including
developing educational curriculums utilized by Magnolia to teach all of its students and the $3
million dollar payment was for years of service delivered to thousands of Magnolia students. Without
providing the reader this context. Accord’s business practices are put in a false light.
This article appears, at best, to be poor journalistic practice. In short. Accord asserts that the
false statements and false light portrayal in the article have damaged Accord’s reputation and
resulted in a loss of business. Further, Accord employees have raised concerns that articles like this
make them, and by extension their families, targets of xenophobic abuse and put them in danger.
Pursuant to California Civil Code section 48a, we demand that you publish a retraction and
correction of these false statements In as substantially conspicuous a manner as the original
publication in order to avoid further legal action. Thank you in advance for your prompt attention to
this matter.
Very truly yours.
Rahul E. Reddy
RER
Enclosure
See http://magnoliacomplaint.eom/wD-content/uDloads/2016/02/UCP-ComDlaint-apainst-MagnoliaEducational-Research-Foundation-2-16-2016-Final-4848-4759-095-.pdf.
3 See: httDs://www.auditor.ca.gov/pdfs/reports/2014-135R.Ddf.
^ See http://laschoolreport.com/magnolia-schools-remain-open-but-relationship-with-accord-changes/.
2
3
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ENCLOSURE
LOTUS
SC HOOL FOR EXCELLENCt
The Lotus School for Excellence (“LSE”) is committed to its vision to create wellrounded and global-minded citizens who are prepared for a college education in order to
pursue careers in S.T.E.A.M. fields and become contributing members of the community.
Recent allegations made by a disgruntled former employee, Mr. Yunus Avcu, about LSE
depict a false image of the school, its leadership, and its staff. As required by Colorado
law, LSE is a public, nonsectarian, nonreligious school. LSE, unequivocally, does not
condition the employment of any of its employees on required donations to any
individual or group. Any relationship between LSE and the Accord Institute is for the
provision of legitimate leadership training and educational services, which can all be
accounted for and documented. The trips Mr. Avcu took to California, paid for on his
LSE credit card, were for legitimate, work related meetings and trainings.
The credibility of Mr. Avcu is demonstrably dubious, as he falsely claims, in his story,
that he left his job with LSE due to his concerns with the school and its leadership. In
reality, Mr. Avcu was terminated from his employment as a result of well-documented
and sustained underperformance, including an incident in which he exhibited his
incompetence by posting sensitive information about school employees on to the school’s
website. It is unfortunate that Mr. Avcu is now, years later, attempting to use a platform
created by unrelated world events and sensationalized news stories to besmirch the
reputation of his former employer, LSE.
Lotus School for Excellence Administration
Lotus School for Excellence • 1 KHIl E;isi .'Mnnieda Axenue • Aurora. Colorado !<(M)12
contacinr loiusschool.org ■ Main: (.to.t) .^6(1-0052 • Fax: (.'^0.^) .^6(MM)71 • www.lotusschool.org